Tonya Parks and Parks Realty Firm, LLC v. Affiliated Bank, Affiliated Bank FSB, Affiliated Bank, Inc., Bancaffiliated, Inc., Joshua Campbell, Katherine Campbell ( 2018 )

INTHECOURTOF APPEALS Fl:LED J:N
FIFTH DISTRICT OF TEXAS AT DALLAS Court of Appeals
Jt;N 0 7 2018
Lis2 Matz
Clerk 1 5th District
CAUSE NO. 05-16-00784-CV
TONY A PARKS & PARKS REALTY FIRM, LLC
vs.
AFFILIATED BANK, ET AL
On Appeal from the County Court of Law #3
Dallas County, Texas
Trial Court Cause No. CC-15-04540-C
APPELLANT'S MOTION FOR EN BANC RECONSIDERATION AND
MODIFICATION OF JUDGMENT AND MEMORANDUM OPINION OF
MAY 3, 2018
Tonya Parks
ProSe
1401 Bristlewood Dr.
McKinney, Tx 75070
telephone: (214) 980-8816
email: tonvaparks@!parksrealtvfirm.com
APPELLANTS MOTION FOR EN BANC RECONSIDER/\TION AND MODIFICATION
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COME TONY A PARKS PRO SE, one of the Appellants in the above-style and
numbered appeal, and pursuant to Rule 49.7 of the Texas Rule of Appellate Procedure file this
Appellant's J.'vfotionf(w En Bane Reconsideration and Afod!fication of.Judgment o(Afemorandum
Opinion on Afay 3. 2018, and. in support of same. respectfully show:
POINTS FOR EN BANC RECONSlDERATION
Appellant respectfully request this court to reconsider en bane this Court's Alemorandum
Opinion and Judgment on May 3. 2018 (which are together attached as Appendix I hereto)
because, in the opinion the court of appeals ened by ( 1) stating they do not need to address
Parks' concerns about abating the appeal back to the trial court, (2) stating they have resolved the
issues on appellant's assertion that Judge Akin abused his discretion by entering the Findings of
Fact and Conclusions of Law. (3) stating that by abating the appeal, this court allowed Parks to
have her due process by conducting a hearing to see if Parks entered into an enforceable
agreement pursuant to Rule of Civil Procedure 11 , (4) stating Affiliated Bank and Campbells
complied with the agreement and appellants breached the agreement (5) stating Judge Akin
held an evidentiary hearing to determine whether there was an agreement between the parties and
whether any agreement was enforceable, and that conflicting evidence was presented at the
hearing, (6) citing they reviewed de novo that "[t]here was no coercion,'' and .. [t]here was no
coercion or duress" based on Judge Akin's ·'Findings o.lFacts Conclusions of Law" paragraph 25
and 28. (7) stating that based on the "unchallenged" findings and the evidence at the hearing
before Judge Akin, they that concluded Judge Akin did not err by determining Parks did not
enter into the settlement agreement due to coercion or duress, (8) stating they conclude Rymer is
distinguishable and does not control whether the agreement entered into by Parks is enforceable.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 2
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(9) stating they will not address Appellants issue on any subsequent compliance with the
agreement by either Affiliated Bank or Appellants because it is not relevant to the issues before
Judge Akin, (10) stating accordance with this Comi's opinion on May 3, 2018 they dismissed
Appellants appeal, ( 11) by not addressing the rendition of modifying or vacating the Judgment
entered by Hon. Sally Montgomery on Mar. 24, 2016 (CR:255-256: Appendix 14) after the
hearing held on the Motion for New Trial (transcript Appendix 2) which was requested in the
Order from this court on Dec. 20,2017 (Appendix 8), (12) by not addressing Appellant's letters
to this court (Appendix 3 - tiled on July 25, 2016, Appendix 4 -Aug. 15, 2016, Appendix 5-
Aug. 22, 2016), Affidavit of Bennie Gibson (Appendix 6- filed Aug. 24, 2016), Appellants'
Response to Objection of Bennie Gibson Affidavit (Appendix 7 tiled on Aug. 30, 2016) and all
Appellants' briefs tiled that were overlooked and not addressed in the opinion of May 3, 2018,
(13) Items discussed in Oral Argument on Dec. 12, 2017 by John Browning and misrepresented
as fact to the Panel of Justices and of which this court should have taken note per the clerk's
record that and briefs submitted by Appellants after the abatement, per the order on Mar. 8,
2018, and (14) not considering the bulk of evidence of conspiracy and/or cronyism, conflict of
interest and collusion among the attorneys and judge of the trial court this, of which court may
have known, had not known or should have known when drafting the opinion on May 3, 2018.
There has also been new evidence during the appeal abatement period in which receiving justice
requires it to be heard and taken into consideration for Appellant to receive due process and
relief from this court.
STATEMENT OF THE CASE
PlaintiffTonya Parks (hereinafter also referred to as Parks or Appellant) and Parks Realty
Finn (hereinafter also refened to as ''PRF'' or Appellant) initiated the present lawsuit by filing
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 3
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
their Plaintiffs' Original Petition (the ··Petition'') on Sept. 2, 2015 and then tiled the final
Plaintiffs· Second Amended Petition on Sept. 23, 2015 (CR:40-56). Defendant Affiliated Bank
(the "Appellee") with the help of Attorneys Jerry Alexander and John Browning tiled Defendant
Affiliated Bank's Ansrver. Ver!fied Denial and .1/firmative Defenses to Plaint~//.~' Second
Amended Petition on Oct. 16, 2015 and Defendant Joshua and Katherine Campbell through their
Attorney Christopher Hansen tiled their answer to the Petition on Oct. 23, 2015. Defendant
Joshua Campbell (hereinafter also referred to as "Campbell'') alone filed a 111/otion to Dismiss
(CR:69-92) pursuant to Texas Civil Practice and Remedies Code Sec 27.001 (hereinafter also
referred to as "TCPA") on Nov. 23, 2015. Affiliated Bartle from the date of their Original
Answer to Plaintiffs' Petition on Oct. 16, 2015 to the date Josh Campbell filed in /tis name onlv
as Defendant Joshua Campbell's Afotion to Dismiss Under the Texas Citizens Participation Act
(CR:69-92) on Nov. 23, 2015 did not file any request with the trial court nor any evidence
supporting a dismissal of Appellee Affiliated Bank at or the hearings held on the Motion to
Dismiss on 1lfar. 21, 2016 and continued on 1Uar. 22, 2016. On April21, 2016. Plaintiff tiled a
Plaintiffs' JHotionfor New Trial and Alternative Afotion to Vacate, Mod(fj:, Correct or Reform
Judgment (part of his motion is in Appendix 23b a full copy is apart of the record). Hearing on
Motion for New Trial was held on June 13, 2016
This appeal arises from the dismissal by the trial court of Appellants' claims against Josh
and Katherine Campbell and Appellee Aftlliated Bank for negligence, negligent
misrepresentation. negligent hiring. retention and supervision, gross negligence, libel per se, libel
per quod, slander, business disparagement, invasion of privacy, tortious interference with
prospective contracts and business relationships, intentional inf1iction of emotional distress,
fraud. fraudulent misrepresentation, respondeat superior. and malice (see Plaintiff's Second
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 4
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
Amended Petition, CR:40-56) pursuant to the trial court's Order on Defendant Joshua
Campbell's Motion to Dismiss (CR:255-256)(Appendix 14).
After oral argument on Dec, 12, 2017 this Comi entered an Order on Dec. 20, 2017
(Appendix 8) abating this appeal and ordering the trial court ''to conduct a hearing to determine
whether Parks, individually and on beha(lofPRF. entered into the rule 11 agreement due to
coercion or duress or whether the rule 11 agreement is enforceable, de.\pite Appellants time(v
revocation (?l the coerced consent by appealing··.
On Jan. 8, 2018 Appellants filed a Motion to Recuse Judge Montgomery.
On Jan 17,2018 Appellants filed an Amended Motion to Recuse Judge Montgomery.
On Jan 30, 2018 a hearing was held on the Motion to Recuse, which motion was denied
by Judge Emily Miske!.
On Feb. 14, 2018 Appellants filed Appellants Emergency Alotion to S'tay Proceeding in
Trial Court and Reconsider and Withdraw Order that Trial Court Conduct Hearing on Whether
Trial Court Judge Coerced Plaintiff's into Entering into a Rule 11 Agreement and, in the
Alternative Motion that Case be Transferred to Other County Court to Conduct Said Hearing in
this court. On Feb. 15, 2018, this Court entered an Order denying said motion, despite Judge
Montgomery's campaign relationship with John Browning, and Browning's current campaign
for a seat in this court.
The hearing ordered by this court was conducted in the trial court on Feb 16,2018 (RSR,
Vol. 1-4), with visiting Judge Ted Akin presiding. At the conclusion of said hearing Appellee's
counsel John Browning submitted pre-prepared, ''Proposed Findings of Fact and Conclusions ql
Law" (Appendix 9) to Judge Akin.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 5
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
On Feb. 19,2018. Appellants filed Plaintiffs·· Objections and Response to Defendant
Affiliated Bank's Proposed Findings (4'Facts and Conclusions ofLaw and Request.fhr Entry l?[
Order That Plaint(ffs' Were Denied Their Constitutional Rights to Due Process and a Fair
Hearing by an Impartial Judge, entered into a Rule 11 Agreement as a Result of Coercion or
Duress, and the Rule 11 Agreement is Not Enforceable (CSR: 11-155)
On Feb. 27, 2018 Judge Akin entered a document in the trial court entitled "Findings of
Fact and Conclusions of Law" (Appendix 10) stating the mle 11 agreement was enforceable and
Parks was not coerced or put into "extreme duress."'
On Mar. 8, 2018 this court entered an Order (Appendix 12) reinstating this appeal and
allowed Appellants to file a supplemental brief on~v allowing Parks the opportunity to file a
limited brief, not exceeding fifteen pages. raising only issues relating to the trial court's rulings
on objections at the Feb. 16, 2018 hearing and the trial court's Feb. 27, 2018 '"Findings q(Facts
and Conclusions qllaw. ··but they allowed Affiliated Bank to file any response on unlimited
issues, within fifteen pages. Parks and PRF could then file any reply. not exceeding 5 pages.
Briefs were filed and are a part of this courts record.
On May 3, 2018 this court entered aklemormrdum Opinion (Appendix 1) dismissing
this appeal.
Appellant seek relief from:
(a) The Order on Defendants Joshua Campbell's 1\fotion to Dismiss (CR:255-256: Appendix
14) entered by the Hon. Sally Montgomery, presiding judge sitting in County Court at
Law No.3 of Dallas County, Texas, in Cause No. CC-15-04540-C. in which ·'TCPA"
was misapplied,
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 6
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(b) The Court of Appeals' Order dated Dec. 20,2017 (Appendix 8 hereto) in which
Appellant was sent back to the same court that had coerced Appellant's consent by
misapplying a Rule of Civil Procedure.
(c) The Findings (~(Fact and Conclusions oflmv (Appendix 10) dated Feb. 27, 2018,
entered by Judge Ted Akin. as visiting judge. in the County Com1 at Law No. 3 of Dallas
County, Texas in Cause No. CC-15-04540-CV in which, despite clear and convincing
evidence to the contrary, he adopted Appellee's filing verbation: and
(d) This Court's .Memorandum Opinion (Appendix 1) dated May 3, 2018.
(e) Any and all relief this court can grant and any attorney fee accrued during appeal.
Additional Statement of Fact During the Motion to Dismiss Hearing on March 22,
2016 Prior to the Order and Judgment on March 24, 2016
To began, Appellant respectfully submits that this court erred by failing to overrule Judge
Montgomery's dismissal of the case based on her misapplication of TCP A.
In the Order by this court on Dec. 20, 2016 it states that, "Campbell tiled a motion to
dismiss under the TCP A, arguing the claims against him were based on statement he made in
connection with a matter of public concern, and Parks and PRF could not establish by clear and
specific evidence a prima facie case for each essential element of their claim". Also, in the
Order by this court on Dec. 20, 2016 it also states that, "At the hearing on Campbell's Motion,
Atliliated Bank argued it "should be included as far as being dismissed" because there was no
evidence to support the causes of action asserted against it and requested that it be awarded
attorneys' fees pursuant to the TCP A··.
According to the TCP A "Exercise of the right of free speech" means a communication
made in connection with a matter of public concern. The business transaction between Campbell
and Parks' clients was never a matter ofpublic concern and looking at the Ripoff Report
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 7
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
defamatory statement full oflies and false representation, the Campbelrs were never a client of
Mrs. Parks so false infonnation is not a matter of public concern. The Statute also says that a
court may not dismiss a legal action under this section if the party bringing the legal action
establishes by clear and specific evidence a prima facie case for each essential element of the
claim in question. Defamatory statements classified as libel or slander must be statements that
are untrue, and the person making the statement must know that they are untrue. What is a lie
and known to be a lie when made with malicious intentions is not protected in the exercive of
the right to free speech and what is a lie ami is known to be a lie when made with malicious
intention is not a matter of public concern. In the Motion to Dismiss hearing on Mar. 22, 2016
Parks provided evidence in the hearing supported in her Plaintiffs' Response to the Campbell
Defendant's Motion to Dismiss on Mar. 21,2016 (CR:118-253) and in Attomey Jason Berent
Affidavit filed on Mar. 21,2016 that the trial court should not dismiss Parks' lawsuit. The
following evidence was submitted to evidence deceit, malicious intent, attempts to subvert the
truth, and knowledge/acquiescence by the bank:
1) A malicious/threaten text message from Josh Campbell to Parks stating, .. 'I'm going
to make an audience so you your slander will stop."
2) Af1idavit of Tonya Parks,
3) The defamatory posting on Rip-off Report,
4) Text message from Parks to Campbell requesting loan status because the title
company inforn1ed her the buyer was not going to be closing on that day and she had
not heard from the Campbell's,
5) An email from the buyer to the Campbells stating that Parks has been nothing but
professional and helpful,
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 8
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
6) An email sent from Parks to Campbell stating the buyers could lose the home they
were attempting to purchase and all the money exceeding $1 000 they had already
spent in eamest money, inspection and extension,
7) Email from the Campbells stating that the buyers loan was approved/eligible but
changed to refer/eligible which would cause an additional delay,
8) A demand letter from Affiliated Banks lawyer,
9) Rip-off report Documents stating the posting was from the Campbell's,
10) Affidavit from Tiffany Martin setting forth transaction chronology and that the
posting on Rip-off report was very similar to their transaction but identified the
"wrong bad guy"' meaning the Campbells were the problem not Parks. She states
Parks was always there for them and she was always very knowledgeable and very
compassionate. She always kept them in the loop and maintained good
communication. Without Parks they would have never been able to buy their home.
11) Letters from Buyers thanking Parks for everything she did to help them get into their
home,
12) Deposition of Campbell stating that he works in the late evening to does work for
Affiliated Bank at home which was approved ami known by Affiliated Bank.. That
he feels its ok to ''lie.'' The bank withheld emails and/or documents that the bank
provided his lawyers and he did not know \Vho was paying them,
13) An email from Josh Campbell to Parks and the buyer that was sent on Wed. Sep. 3,
2014 at 3: 15 am around the same time the Campbells wrote the posting on Rip-off
Report which would show that he was working,
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 9
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
14)An email from the buyer on Sept. 2, 2014 at 11:13 \Vondering why they were not
closing the next day,
15) An email from the listing agent on Sept. 5, 2016 stating "let's get this to the finish
line,·· and to hang in there because of all the delay Parks and the listing agent just
wanted to get the transaction closed for the buyer and seller,
16) The HUD statement for closing,
17) An a affidavit from Jason Berent providing 115 pages of the multiple felony history
of Josh Campbell and showing that he was on probation for one of the felonies when
At1iliated Bank hired him,
18) Along with lots of other evidence that would show none of the defendants should
have been dismissed.
All of which was submitted to the lower court in Plaintiffs' Response to Defendant
Campbell only Motion to Dismiss.
(Some of the evidence is attached in Appendix 23)
Josh Campbell who was a Branch Manager for Affiliated Bank only provided his
personal atl:idavit with no supporting evidence of all the claims against him.
Katherine Campbell had no motion to dismiss filed within the court only filed a
personal affidavit with no additional evidence to support the dismissal.
Affiliated Bank the employer of Josh Campbell and Katherine Campbell had no
motion to be dismissed and had not filed any summary judgment. They also did not
provide any evidence of any claims against them mentioned in Parks petition to support
their dismissal.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION I0
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
During the hearing on Mar. 22, ~016 Judge Montgomery and all the law)'ers had the
following exchanges (the full transcript to this hearing is a part of the trial court record and or
reporter's record filed in this court and Defendant's Campbell Deposition transcript attached to
Plaintiffs Response to the motion to Dismiss incorporated her by reference):
THE COURT: So, it sounds like maybe the Campbells were saying they were preapproved and
weren't really for a home. That's what I'm getting out of it. Now if that's the case, then the
Campbe/ls set in motion this whole problem with Mrs. Parks. I realize this is coming in late, but
--and it's very concerning to me.
MR. BERENT: And also, you know, in the context of all of these things that are false, I asked
Mr. Campbell in his deposition on page 95, "Is it ever okay to lie?" He says, "Even under anv
circumstance is it okay to not tell the full truth? Yes." That's on page 95.
MR. BERENT: Okay. The elements for business disparagement, defendants published false and
disparaging infom1ation about plaintiffs, with malice, without privilege, that resulted in damages
to the plaintiff. Now, we've got the false and disparaging information about the plaintiffs that
we've seen in Exhibit A 1 with malice. In his deposition testimony lUr. Campbell says plainlv
he was frustrated with Tonva Parks, and he wanted her out of his hair. Ami he acted
intentionally, and then he lied about it. His subsequent conduct alone shows malice.
So the lower court knew that the Campbell's statements were false, thereby not
dismissible under TCP A. Furthermore, the lower court erred by dismissing Defendants
Katherine Campbell and Affiliated without motions or proper evidence supporting dismissal of
Plaintiffs causes of action. Here is another exchange:
MR. BERENT: That's fair, you're Honor. The other issue is going right to your point. Ms. Parks
is not a bad actor. Mr. Campbell is a twice convicted felon and admits that he lied, not only to
Ms. Parks, but to the bank, and also that his posts-
THE COURT: So, you're going to let the bank off: right?
MR. BERENT: No. Your Honor. There are other issues as to the bank for another day.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION ll
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
MR. BROWNING: Actually. maybe not for another day. Your Honor. He's required to prove
evidence as to each essential element of causes of action. He's alleged causes of action against
the bank, and there's no evidence supporting those.
THE COURT: But you didn't bring a motion to dismiss today, right?
MR. BROWNING: Your Honor, it's based on the movant's motion to dismiss. The language in
the statute refers to the action. Not part of the action, not some of the claims. Refers to the legal
action. And, Your Honor, it's undisputed. as we pointed out before. that he's alleged respondent
superior where somehow, we're vicariously liable when. in fact, the only evidence, undisputed
evidence, is that this was done at Mr. Campbell's residence at three in the morning on his
home computer at his home IP address.
THE COURT: The fact that he was at home doesn't bother me if it was in the course and scope
of his business if he worked at home in his business.
MR. BROWNING: And he also testified, Your Honor, and it hasn't been controverted, that he
was not doing the bank's work. This is his own time, using his own equipment.
Actually, it was controverted because Plaintiff provided evidence to the trial court that
would show Josh Campbell was working for Affiliated Bank at the time of the posting
entered on Ripoff Report website. The posting on Ripoff Report was written around 2 or
3am in the morning on Wed, Sept. 3 2014 and he also sent an email to Parks, the buyers
and Katherine Campbell around the same time \Ved, Sept. 3, 2014 at 3:15am. This entire
incident came from a transaction in which the Camp bells were working for Affiliated
Bank. Parks did not have any relationship with the Campbells outside of them providing
loans for her clients in real estate. They were never a client of Parks. She also would not
have met them if they were not allowed to provide mortgages for Affiliated Bank who gave
them the license and branch manager position to act on their behalf and operated a
business on the behalf of Affiliated Bank.
THE COURT: I would think it would be outside his scope.
MR. BROWNING: Exactly. Because there's nothing proving that element or any element, for
that matter. ofthat cause of action, then there's nothing to support keeping the bank in here. And
the bank should be included as far as being dismissed.
THE COURT: The only pleading from you against the banks is in the respondeat superior?
MR. BROWNING: He's also alleged negligent hiring. negligent supervision, and negligent
retention. However --
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 12
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
THE COURT: Wait. wait. Negligent supervision, negligent hiring, m1d what?
MR. BROWNING: And negligent retention. Your Honor. Again, the only evidence --and
there's no evidence as to any of the elements before the Court as he was supposed to bring, much
less any essential elements. The only evidence is that Mr. Campbell did this on his own time at
his home on his own equipment his home computer. without the bank's knowledge. And, in fact
when he was asked by the bank, did you do this, he lied to them. So, Your Honor, 1 don't see
how that's negligent hiring, retention, or supervision. When we did find out, we fired him.
Now. we don't have the burden -- it's his burden to come forward with evidence to support each
essential element of every cause of action alleged in the lawsuit. not just the communication
related ones. He has not done that at all with regard to my client, m1d the bank should be
dismissed.
THE COURT: Okay.
MR. BERENT: Do you want a response, Your Honor?
THE COURT: No, J don't need it. Okay. The causes of action against Mr. Campbell are what?
MR. ROSSINI: They are --
MR. BERENT: Here's a copy.
From this exchange - The Court would not let Jason Berent respond after Mr. Brow11ing
so that he could show cause on why the bank should not be dismissed. The lower court ened by
dismissing defendants' with motion and in contravention to the evidence before her. Despite
Browning assertions. evidence was present that Josh Campbell defamatory comment was posted
while in the course of also sending work emails.
Also in deposition "1,.hich afitll copy ofthe transcript was submitted in trial court
Plaintiffs· Response to lvlotion to Dismiss and is part ofthis trial court clerks record. Jason
Berent asked Josh Campbell what his position was and he stated Branch lvlanager. He said his
responsibilities were to originated loans, build a team. make sure they were in compliance. train,
educate staff: hire crew. do payroll. met with clients, did marketing. fixed problem, created a
culture. made phone calls, responded to clients, took application, assessed credit reports,
determined whether or not people were ready to fully applyfiJr a loan, he dissolved or solved
conflicts and he commonly andjrequently worked late. He also said he ·would sometimes sleep
at the office and take work home after midnight. I also said that he 1vould sometimes ·work until
1, 2, 3, 4 o'clock in the morning to get work done because he would lose track l?f'time. He also
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 13
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
said he was given a lap top by Affiliated Bank and was able to use that computer at home.
(Appendix 23A)
Also in the deposition there was some discussion about emails that Campbell wanted to
submit in this case but the bank would not allow or let him have indicated that they originated
from a bank issued computer.
Here are a few statements also discussed in the deposition transcript of Josh Campbell
provided to Judge Montgomery: page 98 Campbell said, ·'I was very clear with the bank as to
what happened.''
He also said after being asked if a document of importance was produced on page 104,
his response was, "No, it was not. This was- this was the email that we could not find. I
know that we read the email together at the bank, but once we were gone, we had no more
access and we've- we were advised not to get email. We wanted the email. This is the
foundation of what started this. So, the bank was withholding evidence requested and the
bank clearly knew what happened, but they did not immediately tire Campbell until Parks
notified the bank of the information that came in from the Ripoff Report investigation revealing
the IP address of the Campbells confirming that Campbell defamed Parks while working tor the
bank.
Parks notified Atliliated Bank of the defamatory posting on Sept 11, 2014 by providing
evidence of emails and text messages from Campbell to Parks and Campbell to the buyer which
would show that the Camp bells made the negative posting because of the similar wording,
timing and threat Campbell to Parks stating he was going to make an audience of her. Even
though Afliliated Bank is stating the Campbells lied to them, from the deposition noted above,
Affiliated Bank clearly new what happened. When Parks reported the posting to Kerri White
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 14
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
who was the compliance officer for Affiliated Bank, Parks asked Ms. White if she thought that
the Campbells made the negative posting, she said, "I think they did, but you will never be able
to tind out because the posting is anonymous." Affiliated Bank did not terminate the Camp bells
immediately contrary to Mr. Browning's assertions, Atliliated Bank did not terminate the
Campbells until July 24, 2015, almost 1 year after the defamation posting when Parks could
prove the IP address. Had Campbell not been working for Affiliated Bank. under its authority,
Parks would not have met them or transacted business with the Campbells.
It is also clear, from the deposition present to Judge Montgomery that Affiliated Bank
accepts responsibility for the Campbells by providing them with free legal defense because he
did not know who was paying them. This was told on record before J. Montgomery during the
hearing.
John Browning was in fact the one who told Judge Montgomery that she had to dismiss
all parties in the lawsuit including Affiliated Bank. John Browning was able to orchestrate this
dismissal because of his improper influence on Judge Montgomery and she went along with him
because of their relationship. The court did not follow the law. made up law as they went along
to get all parties dismissed and blindly agreed with everything Browning presented. There were
no grounds to dismiss any party in the Parks lawsuit with her evidence she provided to the Judge
and this court erred in not overruling the lower court's decision. Parks lawsuit was not frivolous
because it was supported by evidence on all defendants.
Another important fact to take notice in this motion, is that before Parks filed this lawsuit
on September 2, 2015 she tried to mediate with the defendants (Affiliated Bank and Affiliated
Bank representative was also the only contact for Josh Campbell at this time) so she personally
paid $1.425.00 for a full session of mediation at Gilbert Mediation Group with James J. Juneau
APPELLANTS MOTION FOR EN BANC RECONSTDERA TION AND MODIFICATION 15
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
on June 30, ~015. Parks found out through her own efforts in gathering evidence for this appeal
that the mediator Mr. James Juneau works at the same Gilbert Mediation Group as Gregory J.
McCarthy who is the long time private counsel and long time friend of Affiliated Bank and
President Garry Graham. Mr. Juneau has been working with Gilbert Mediation Group since July
2008 and Mr. McCarthy has worked with the same firm since 2009. Gilbert Mediation is a small
mediation group in Dallas who at the time only had approximately 10 mediators. Parks ended
the meditation after 8 hours because she felt that the mediator was not being fair, impartiaL he
knew a lot more about Atliliated Bank than a mediator would know about a party, he was
showing signs of advocacy for Affiliated Bank and he also started making offers without
authority (meaning - he did not go back to Afliliated Bank to notif)' them she \Vas leaving to
make another otTer) from At1iliated Bank once Parks told him she was done with the mediation,
but Parks had no idea until a year or more later that the mediator was at a cont1ict of interest
because of his close ties with Affiliated Bank's in house cmmsel Greg McCarthy. Parks had a
gut feeling that something was not right and after tinding out about this connection between the
mediator and Greg McCarthy. her feelings were right. It will also be laid out in this motion all
the colluding. manipulation and cont1ict of interest which occurred in Parks attempts to find
justice.
All of the events that have happened in this case and you will see laid out in the motion
are a true example of obstruction of justice and the loss of the integrity of the judicial system!
''The parties have a right to a fair trial under both the United States Constitution and the
Texas Constitution. See In re Afurchison. 349 U.S. 133. 136. 75 S. Ct. 623, 625, 99 L. Ed. 942
(1955) (holding that 'fa] fair trial in a fair tribunal is a basic requirement of due process'); Babcock v.
Northwest ;t[emorial Hosp., 767 S.W.2d 705, 708 (Tex.l989) (holding that. '[i]n Texas, the right to a fair
and impartial trial is guaranteed by the Constitution').'' Metzger v. Sebek, 892 S.W.2d 20, 37 (Tex. App.-
Houston [I st Dist.] 1994, writ denied).
An employer can be held liable for the acts of an employee acting within his managerial
capacity. Purvis v. Prattco, Inc., 595 S.W.2d l 03 (Tex.1980).
Even when an employee acts maliciously against a third patty, an employer can be held
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 16
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
liable for the negligent hiring of an employee who acts maliciously. Duraud v. A1oore, 879 S.W.2d 196
(Tex.Civ.App.-Houston [14th Dist.] 1994, no writ).
"An employer may be liable for punitive damages for an employee's misconduct if: (1) the
employer authorized the doing and manner of the act; OR (2) the employee was unfit and the employer
was reckless in employing him; OR (3) the employee was engaged in managerial capacity and was
acting in the scope of his employment; OR (4) the employer or manager of the employer ratified or
approved the act. King v. McGuff, 149 Tex. 432,234 S.W.2d 403,405 (1950)." Durandv.lvfoore, 879
S.W.2d 196,202 (Tex.Civ.App.-Houston[l4th Dist.] 1994, no writ.
Argument
Appellant respectfully submits that Court has erred in dismissing this appeal and stating
Parks and Parks on the behalf ofPRF entered into an enforceable mle of civil procedure 11
agreement and was not put into "extreme duress" and coerced by all the Defendants, Defendants'
lawyers Jolm G. Browning and Jerry Alexander, Gregory J. McCat1hy working the behalf of
Affiliated Bank- Defendants' Lawyer Christopher Hansen, Gino J. Rossini working on the
behalf of Josh Campbell and Katherine Campbell and the trial court Hon. Sally Montgomery to
dismiss their claims against all Defendants, by claiming Appellants' Motion for New Trial would
be dismissed by misapplication of a Rule of Civil Procedure. This Court also erred in abating the
appeal, especially to a Court already partial against Appellants.
This Opinion relies upon the "Findings of Facts and Conclusions l~{Law'' vvTitten by
John BroVvning for Judge Akin prior to the hearing held on Feb. 16,2018 which should be
reversed because the trial court's findings and conclusions oflaw are clearly and unequivocally
at odds with the facts and evidence presented at the evidentiary hearing on Feb. 16, 2018.
Specifically, the Court erred by:
(1) Stating they felt by abating the appeal this court would allow Parks to have her due
process by conducting a hearing to see if Parks entered into an enforceable agreement
pursuant to rule of civil procedure 11 and they erred by stating they do not need to address
Parks concerns about abating the appeal back to the trial court because:
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 17
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(a) This court had enough information in the Appellants' briefs. oral argument on Dec.
12, 2017 and Appellants' letters tiled in this court to rule on the appeal without abatement to a
biased lower court. This abatement was fundamentally flawed and unconstitutional in sending
Appellants back to the same court that twice misapplied law in order to manipulate Appellant's
case and had a conflict of interest with defense counsel;
(b) It failed to properly protect the Appellants' constitutional rights by not ordering the
trial judge to recuse herself and send Appellants to an alternate county so that there would be an
unbiased or impartial Judge who did not have improper influence in the "Findings of FclC'f and
Conclusions of Law" (i.e., Appellant" s rights to procedural due process under the 14th
Amendment to the United States Constitution and/or the equivalent due process of law provision
in Art. 1, Sec 19 ofthe Texas Constitution).
(c) They put Parks in an unsafe and physically threatening environment where they knew
from Parks· own letters and briefs to this court that she would feel unsafe and threatened by the
Ot1icers of the Trial Court who could potentially do more harm. Parks was in fat physically
threatened and intimidated during the proceeding: Parks was the only African American woman
in a room full of4 Caucasian defense la\\'yers {John G. Browning. Jerry Alexander, Gregory
McCarthy and Ryan Cole)- 1 Caucasian Judge (Judge Ted Akin) who was coached/hired by
Hon. Sally Montgomery at the last minute, 1 Appellant Lawyer (Baltasar Cruz) and during the
entire hearing the trial court had 5-6 Caucasian Bailiffs in the small court room at all times with
2 BailitTs sitting on the directly next to Parks on her right in the jury box seats, 1Caucasian
Bailiff sitting directly behind Parks inside the bar in the extra chairs for additional counsel. 1
African American male Bailifi who was standing next to the Judge's bench and two others
Caucasian Bailiffs standing at each entrance door to the court room or sitting in the pews as you
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 18
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
come into the court room plus there was also another Caucasian male (who said he was an
intern) sitting next to Judge Montgomery's Bailiff (the one who had previously physically
threatened to take Parks to jail in the Motion for New Trial Hearing (RR Vol4, 25:5, full
transcript Appendix 2). Parks also witnessed Attorney John Browning speak to the court intern
several times who was directly sitting to the right of Appellant Parks. This hearing was
facilitated by this Court of Appeals Fifth District of Texas at Dallas to allow the trial court Judge,
Defendants and Defendants' Lawyers the ability to abuse, intimidate. harass and antagonized
Parks to give up her case through financial intimidation, litigation fatigue and to accelerate
Appellant's legal fees all knowing that the intended result of this appeal was not going to change
because it was premeditated which subvert Appellant's right to relief through physical
intimidation.
(2) Stating this Court had resolved the issues on appellants assert on how Judge Akin
abused his discretion by entering "'Findings of Fact and Conclusions of Law" because they
say an evidentiary hearing was held between the parties and conflicting evidence was
presented at the hearing, but yet they ignored the clear and weight of evidence and on
which this Court could have ruled without abatement based upon the lower court's March
24,2016 and June 13, 2016 hearing transcript made a part ofthe appellate record along
with Appellant Parks' letters to this court, briefs and oral argument;
(a) The ·'Findings ofFact Conclusions ofLaw" (Appendix 9) was written prior to the
hearing by Attorney John Browning and given to Judge Akin at the end of the hearing on Feb.
16, 2018, and was adopted verbation despite of the weight of clear evidence to the contrary.
(b) The on(v additional items of evidence added to the ·'Findings ofFacts and Conclusion
ofLaw" (Appendix 10) from the hearing was #18- Parks is a graduate of the University of North
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 19
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
Texas with a B.B.A degree (which is actually a Bachelors in Fine Arts in Fashion Design with a
minor in Marketing), # 19 - Parks is a licensed Realtor and owns and operates her own company,
and #20 - Parks is at least 42 years old and is a "sophisticated businesswoman", which is an
additional attempt to humiliate, intimidate and harass Appellant Parks.
(c) Because of these 3 inserts of accurate evidence presented in the hearing to generate
the "Findings qfFacts and Conclusions l~{Law. ,. this Court erred in concluding that, Parks was
not coerced or put into "extreme duress". Someone's age, education and success in a specialized
business practice does not negate J. Montgomery's clear misuse oflaw and intimidation that is
clear on the record to cause Parks to unwittingly accept a deceptive choice. Parks is not a lawyer
and had never practiced law or acted in a pro se manor for herself or anyone else prior to the
hearing on the Motion for New· Trail on June 13, 2016 so when her lawyer, Judge Montgomery
and the Defendants Lawyers misrepresented a civil procedure rule to confuse Parks into thinking
her case was over by operation of law and with Hon. Sally Montgomery haranguing Parks'
multiple times (for half an hour or longer) that her case was over and with the Bailiff threatening
jail, Parks could only know from what she was being told that she had no other means of
protection and in her eyes there was nothing else she could do about the judgment against her
and her compan.v. From what Parks was being falsely told, she had no choices except (I money
judgment against her or no money judgment against her, which can be read in the following
exchange:
The Court: Okay. I have many- if you wanted to file a motion to recuse, that would have
been fine, too. But the time is over because the case is over. (RR, Vol 4; 15: 15-17)
(Appendix 2)
Judge Sally Montgomery and the defendants' lawyers also said only Parks a non-lawyer
could on(v choose knowing Parks did not know the law. while Parks' Lawyer Jason Berent stood
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 20
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
mute. likely worrying about a malpractice claim had Parks not agreed to the agreement. for
losing Parks' case with late filings (Appendix 2 pg 13 lines 14-16). one of which was noted in
this appeal with Josh CampbelL possible sanction from J. Montgomery toward him which was
discussed in the breaks, the abusive professional assassinations written in John Browning's
Deji.mdant Affiliated Bank's Re,sponse in Opposition to Plaintiffs' Motion for New Trial and
Alternative Motion Vacate. Mod(!}•, Correct or Re.fimn Judgment (Appendix 3 exhibit F- also a
part of clerks record) which started and caused additional tension before the hearing between
Berent and Parks and many other issues, is why Parks believes that during the Motion f()f New
Trial, Mr. Berent moved into the "conspiracy to defraud'' the plaintiff with the trial court Judge
and all defense Lawyers. Also. in that hearing the record states:
Ms. Parks: So, basically, I lost my case because of date? And so, my name, I don't
get a fair trial. The bank is representing Josh.
The Court: It is what it is. And so, you want to get rid of this judgment against you
and just have the case dismissed with prejudice or do you want a judgment against
you? Those really are your two choices.
Ms. Parks: And neither one- I've walked away to two years. I've just let my whole
life go.
The Court: I'm out of time. It's 3:20. You've got to make your choice.
Ms. Parks: I just feel set up
The Court: I can't help it
Ms Parks: I just feel set up
The Court: I know you're not happy about this, and I understand. But as the judge,
I have to follow the law. So, you have to choose-
Ms. Parks: But are you supposed to let us go if you know the other side?
The Court: What'!
Ms. Parks: Didn't John Browning represent you during your campaign'!
The Court: No.
Ms, Parks: Are you sure? It was legal services. Legal service that-
The Court: It ended up I didn't use him.
Ms. Parks: Oh, but you still paid him $3,000'?
The Court: No
Mr. Browning: No
Ms. Parks: It's expenditure.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 21
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
The Court: I did not.
Ms. Parks: It's expenditure. Did you do an amendment?
Mr. Browning: Judge, I don't think this is relevant to anything
Ms. Parks: I just feel set up.
(RR, Vol4; 14: 2- 15: 5) Parks was also confused on why Hon. Sally Montgomery and
Mr. Browning would not be honest or not admit to their past lawyer-client relationship noted on
Montgomery's campaign finance report pages (in Appendix 3) that Parks was holding up during
this exchange listed above. Now knowing through the actual testimony given by John
Brmming's own admission when refusing to answer questions on the hearing of the Motion for
Recusal based on Attorney-Client privilege that they did in fact have a history of lawyer-client
relationship, but choose to deny it in the Motion for New Trial when asked by Parks.
With all that said. from the actual evidence presented during the evidentiary hearing, no
matter what your age is, your education or your success in business one can still be fraudulently
baited into an agreement that should be unenforceable and voided due to fraud, deception,
Parks' timely appeal and the court's coercion placed upon Iter..
Mr. Browning later stated on the record under oath (transcript excerpts - Appendix 13
pgs. 12-29) in the Recusal hearing held on Jan. 30, 2018 for the Motion to Recuse.!
Aiontgomery held with Judge Emily Miskel from 470 111 District Court (Family Law Judge) in
Collin County (Judge Miskel was selected and Ordered by First Administrated Judge Mary
Murphy), that he couldn't answer questions about this representation of Judge Montgomery
based upon Attorney-Client privilege.
The Recusal motion was denied even though in the hearing Judge Miskel: 1) saw
certified campaign finance report evidence showing Judge Montgomery had a conflict of interest
with the Defendant's Lawyer (because John Browning and his previous firm consulted J.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 22
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
Montgomery and paid John Browning personally $3.000 in Nov. 2013 (Appendix 19) to his
home address and to his firm $240 in Feb 2014 and $300 in May 2015 (which could have been
invoiced from 2014 before Mr. Browning departure in late 2014- Browning joined Passman and
Jones in January 20 15) also knowing Parks lawsuit was tiled in Sept 2, 2015 and assigned to
Montgomery which was 3 to 4 short months after that payment, 2) saw evidence that Passman
and Jones. P.C., is the same finn of Judge Montgomery's former campaign chairman and is the
current law fim1 of John Browning and Jerry Alexander, 3) she also heard testimony proving J.
Montgomery and John Browning knowing lied about the relationship on the record in open
court, 4) she also heard evidence that would show Judge Montgomery and the Defendants'
lawyers knowingly misrepresented the rules of civil procedure to coerce and defraud the Plaintiff
/Appellant (Judge Miskel travels and conducts a law course with John Browning (Appendix 16)
so Judge Miskel had to have known Browning knew J. Montgomery, still had plenary power and
the misrepresentation of the rules of civil procedure was only an attempt to intimidate. coerce.
defraud the plaintiff and had improperly applied TCPA). 5) saw evidence to support Parks' then
Lawyer, Baltasar Cruz's assertion that J. Montgomery would continue to retaliate against
Appellant because of the known cont1icts in their past history, 6) heard testimony from Mr. Cruz
under oath stating that J. Montgomery was heard making racial comments by using the word
''11igger" to reference African American churches who were a party in her court room (Appendix
13 pg. 20), 7) by reading the transcript and seeing how Judge Montgomery had a total disregard
of the law when it came to the TCPA statute to dismiss Parks' lawsuit and not knowing she still
had plenary power when she did, and had to have known she did, would show that Montgomery
had a prejudice or bias towards Parks for pointing out the conf1ict of interest and opposing her
friend and previous Lawyer John Browning (Judge Montgomery has been a Judge since the late
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 23
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
90's so over 20 years), 8) J. Miskel also heard testimony from Judge Montgomery's fonner court
reporter Cayce Coskey stating Montgomery has retaliated against individuals who challenge her.
Parks tiling this appeal has challenged Judge Montgomery and Parks then lawyer. Baltasar Cruz,
was a Political Opponent of Judge Montgomery's in the late 2000's, 9) J. Miskel was also
presented and accepted evidence on a case law opinion from this court, No. 05-00-00769-cv
(Appendix 20) stating "Judge Sally Montgomery clearly abused her discretion by signing two
orders granting a new trial while a motion to recuse was pending and this court voided those
orders because she committed a clear abuse of discretion:' This court also states in that opinion,
"this is the second time in as many weeks that it was forced to address a trial judge's actions that
appears to be the result of animosity stemming from a lost election. We do not condone such
conduct and expect it to stop." and 10) read on the transcript of the Motion of New Trial where
Judge Montgomery states on the record that Parks could ''tile a motion to recuse. that would
have been tine, too. But the time is over because the case is over." (Appendix 2) based on the
judge's misuse of a rule of civil procedure (commonly used) to force Appellant to abandon her
case;
(d) As the Supreme Court of Texas has noted "[b]ias, in its usual meaning, is an
inclination towards one side ofthe issue rather than the other" while "[p]rejudice means
prejudgment." Compton v. Henrie. 36-1 S. TV2d 179, 181 (tex. 1963). Judge Montgomery's on-
record advocacy for the Defendants intentional misapplication of the laws and treatment toward
Parks in all hearings before her show that with out a doubt the judge had clear biases and/or
prejudices towards Parks;
(e) Public policy demands that a judge appear impmiial so that no doubts or suspicions
exist as to the fairness of the integrity of the court. Aetna L{le lnsur. Co. v. Lavoie, -175 U.S. 813,
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 24
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
106 S. Ct. 1580 (1986). To promote confidence in the justice system, not only must the judiciary
be fair and impartial, the judicimy must appear to be fair and impartial. See In Re .Murchison,
3-19 U.S133, 136, 75 S. Ct. 623, 99 L. Ed. 942 (1955) ("justice must satisfy the appearance of
justice"): Nevv·come v. Light, 58 Tex.141, 145 (1882) ("It is the design of the law to maintain the
purity and impartiality of the courts and to insure for their decisions the respect and confidence
of the community."); J\Janges v. Garcia, 616 S. W2d 380. 382 (Tex. App.-San Antonio 1981, orig.
proceedings) ("One of the hallmarks of our system of justice is the constant attempt to prevent
even the probability of unfairness."),
In addition to the grounds set forth above. Judge Montgomery should have been recused
in order to avoid the appearance of impropriety, and in the interest of prudence, fairness and to
maintain and promote the community's confidence and respect in the judicial system. Sun
Exploration and Prod. Co. v. Jackson. 783 S. W2d 202 (Tex. 1989) (Spears, .J, concurring)
("The judiciary must be extremely diligent in avoiding any appearance of impropriety and must
hold itself to exacting standards lest it lose its legitimacy and suffer a loss of public confidence.")
(f) The abatement Order by this court to hold the evidentiary hearing had this purpose
and effect to accelerate Parks' legal fees because and cause litigation fatigue the evidence on
record in the lower court transcript could have been, but was not used in generating the
''Findings l?(Facts and Conclusions ofLaw" or otherwise determine the veracity of Appellant's
claims. It was a waste of time, money. an impediment to justice and an Obstruction of Justice
because ofjudicial misconduct the out come was detennined before Appellant appeared in court,
to fmiher wear and burden her.
(3) Stating that Affiliated Bank and Campbells complied with the agreement, and
appellants breached the agreement;
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 25
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(a) on November 22, 2017, John Browning, on the behalf of Joshua Campbell and
while the appeal was the subject of this court's abatement sent Parks lawyer, Mr. Cruz, post-
judgment discovery request tmbeknownst to Parks' Plaintiffs counsel due to technical glitches.
After Mr. Cruz filed Appellants' Motion to Recuse Judge Afontgomery on Jan. 8, 2018. Mr.
Browning sent Mr. Cruz an email on Jan. 9, 2018 threatening to file a motion to compel and for
sanction if Parks does not respond by Jan. 17, 2018 to the post-judgment discovery request.
This was Appellees' retaliation to the filing of the 1Hotion to Recuse. Brow11ing uses the law to
further harass and intimidate Appellant. Mr. Browning did not say anything about Mr. Cruz not
responding to this request at the Oral Argument in this court on Dec. 12, 2017 or any other time
after the date the discoveries were actually due. In oral argument on Dec. 12, 2017, Mr.
Browning actually said that, --my clients can still direct me as counsel to go after that, I can
represent to you in the court as of the current date that has not happened." In oral argument. Mr.
Browning also stated he did not have the authority to decide whether the Campbells were going
to go after (pursue) Parks for the judgment of legal fees which is not be true - taking notice of the
threatening email he sent to Mr. Cruz written by Mr. Browning. After receiving the post-
judgment discovery, Parks went to speak to the Campbells at their otlice to ask the Campbells if
they were attempting to collect on the judgment and Katherine Campbell did not know what
Parks was talking about because they had not spoken with Mr. Browning so she nor her husband
had authorized Browning to do so. Mr. Browning is clearly not being honest to this court. So
while Browning is arguing that Appellant is bound by an agreement, he attempts to collect on a
judgment in contravention of the agreement without client knowledge, and lies about it to the
Court evidencing his use of process for improper purposes. Mr. Browning is clearly trying to
intimidate and retaliate against Appellant Parks who is an African American woman who owns a
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 26
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
small boutique company while she attempt to get justice from the ones who destroyed her name
and business. This same Court, in which Appellant attempts to get justice happens also to be in
the same court in which Mr. Browning is seeking to be a Court of Appeals Justice - place 11 - in
the Nov. 2018 elections.
(4) Stating that .Judge Akin held an evidentiary hearing to determine whether there was an
agreement between the parties and whether any agreement was enforceable, and which
conflicting evidence was presented at the hearing.
(a) As stated above this hearing was held and evidence was presented that this agreement
should be unenforceable due to the coercion and duress use to create it, the defective docket and
by prompt appeal and any findings by this Judge should be reversed and voided because of the
unla\\:ful misconduct and collusion of the court and defense counsel.
b) An agreement should not be enforceable if it's a product of misrepresentation,
coercion or duresss and conflicts of interest with supported convincing and overwhelming weight
of evidence would this agreement should not be enforceable.
(5) Stating that they reviewed de novo and that ••[t]here was no coercion," and ••[t]here was
no coercion or duress" based upon Judge Akin's "Findings of Facts Conclusions of Law"
paragraph 25 and 28.
(a) Paragraph 25 states There was no coercion. (Written by John Browning for Judge Ted
Akin) ''Coercion exists when a party, by the unlawful conduct of another is induced to enter into
a contract by depriving him of the exercise ofhis free will." Man Industries (India) Ltd. V.
Midcontinent Express Pipeline, LLC, 407 S.W.3d 342 (Tex. App.- Houston [141h Dist.] 2013 no
writ. When the lower court and Appellant's lawyer agreed with defense counsel in the
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 27
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
misrepresentation of the law. and used it to manipulate Appellant into believing here was over
and she would be sanctioned with attorney's fees, it created prima facie coercion on the record.
(b) Actually the conduct was unlawful by the trial Judge and all defense lawyers working
on behalf of their clients by fraudulently misrepresenting the law to induce Parks' consent and
which deprived Parks the exercise of her free will by wrongfully influencing. making threats,
lies, restraint and false urgency into believing that her case was over because of this she only had
one logical choice: to dismiss her claims against all defendants for the removal of the $96,000
awarded legal fees or rick having a judgment that could be executed against her in addition to the
tremendous personal and business losses already suffered .
With all the false information, threats of sanction and threating to take Parks to jail,
placing time pressures upon Parks (Appendix 2 pg 14line 4-5 and pg 15 lines 1-7), her attorney
standing by silently while she was coached by Judge Montgomery directly on how to accept the
deal after Parks states on the record, she is "forced'' to accept the deal, and while Judge
Montgomery stood at the defellse table with defense counsel, clear and convincing evidence
exist that the agreement was the product of duress and coercion and is unenforceable.
Parks was in a oppressive and hostile environment where none of the otlicers ofthe court
gave correct counsel or had her best interests in mind for receiving a fair outcome for Parks
loses. When the Officers of the trial court conspired to misrepresent the law TRCP 329b(e) in ex
parte discussions to then wrongfully convince Parks that her case was over because they knew
this would be he only way to get Parks to enter into an agreement because they failed at 2 out of
3 forced recesses in which they had not been able to break her. Only by misrepresenting the
rules and minutes/hours of threats and intimidation did they get Parks to agree to dismiss her
claims.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 28
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(c) The 1st break/recess consisted of only female Tonya Parks, her lawyer Jason Berent,
her father Bennie Gibson. Defendants' lawyers John Browning. Jerry Alexander, Greg
McCarthy, Christopher Hansen, Gino Rossini. This break lasted approximately 34 minutes with
Defendants' lawyers working on the behalf of their clients Affiliated Bank. Joshua and Katherine
Campbell- full of threats of sanctions, attorneys' fees, judgments, jail, etc, (illegal threats
without merit) with no consideration to the loses Parks and her company had already sufl:ered
because of the defamatory online posting while working for Affiliated Bank. Parks walked out
of the conference 'still not agreeing to dismiss the claims because she wanted a fair and impartial
trial. Parks learned after the judgment entered on March 24. 2016 and before the hearing on the
Motion for New Trail on June 13. 2018 through her own investigation that Judge Montgomery
and John Browning had a prior relationship that would show by her ruling and actions toward
Parks at the hearing for the Motion to Dismiss that Judge Montgomery was not impartial.
(d) The 2nd break/recess consisted of the same people for approximately 23 mins, but this
time the defendants' lawyers left the last few minutes leaving Jason Berent, Bennie Gibson and
Parks to speak privately. In this break, the defense lawyers went back into the court room with
Judge Montgomery with the door closed (allowing tor ex parte discussion) and toward the end
Judge Montgomery opened the door after being with the defense lawyer alone to tell Parks. Mr.
Berent and Mr. Gibson that they needed to make a decision because she had grounds for
sanctioning Parks for bringing a frivolous lawsuit. The Defendants' Lawyers were able to hear
this exchange because the door was open. Parks tiled Bennie Gibson .•Ufidavit on Aug. 24, 2016
in this court to support these facts (Appendix 6) and additional items noted in Appellants·
Response to Appellees' O~jection to Bennie Gibson Affidavit tiled in this court on Aug. 30, 2016
(Appendix 7). In the response to the objection filed August 30, 2016, it says "Mr. Gibson was
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 29
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
also in the hallway \Vhen Jerry Alexander, John Browning, Chris Hansen, Gino Rossini and Greg
McCarthy left the courtroom before Tonya Parks and Jason Berent. While in the hallway,
Bennie Gibson witnessed Judge Sally Montgomery's BailitT call out John Browning's name to
escort him into Judge Sally Montgomery's chambers following the hearing on June 13,2016.
The other lawyers who were with John Browning at the time went also into chambers for a
private meeting. Tonya Parks' lawyer at the time Jason Berent was not in attendance at this
meeting as far as Tonya Parks knows." This would - along with - other assertions in this motion
-show ex parte communication between defendants' lawyers and Judge Montgomery and her
advocacy for the Defendants because in the Motion to Dismiss hearing Judge Montgomery states
that the Defendants were the individuals who caused the problems for Parks and that she hated
the Defendants Campbells' lied, but she still wrongfully influenced by the defense counsel to
dismiss all parties from Parks lawsuit by ignoring, misapplying and/or not interpreting the TCPA
statute as to all parties according to the actual law. including the Affiliated Bank without a
motion, and then awarded Detendants inflated and fabricated legal fees even with Montgomery
stating on the record in the hearing for the Motion for New Trial that:
"No, they didn't have their own motion pending at the time ofthe hearing. And the
issue of attorney fees was not fully discussed, I would agree." (RR vo14; 4: 17-19)
(e) After the 2nd break/recess- Parks went back into court to obtain her day in court in
her hopes and prayers of getting a new trial with a Judge who had already threatened Parks.
Once the hearing started again this exchange occurred:
Court: Okay. So do we have any agreement'!
Mr. Berent: No agreements, Your Honor.
The Court: Okay I'm going to grant the new trial as to Affiliated Bank.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 30
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
Mr. Hansen: Your Honor, there's one thing we were just talking. And it appears
that this hearing is after the 75th day, and the motion for new trial has already been
overruled by operation of law, it looks.
The Court: Has it'!
Mr. Browning: Yes, Your Honor.
Mr. Berent: I believe that's accurate, Your Honor.
Mr. Hansen: The 75th day was .June 7 following the entry of the judgment in this
case on March 24. Therefore, as of June 8 it's overruled by operation of law under the Rule
329b, subpart E.
The Court: I know the rules. I just don't know the dates.
Mr. Hansen: I'm sorry.
(f) Before this exchange Parks still wanted to move forward to get her Motion for New
Trial granted so that she could recuse J. Montgomery to get an impartial Judge who did not have
any long history or strong affiliation with the Defendants' lawyers like Montgomery has with
John Browning and Passman & Jones LLP. Judge Montgomery should have been recused, but
Parks did not know until after the judgment was \\Titten and tiled. J. Montgomery should have
voluntarily recused herself from conducting any proceeding in Parks case for any one or more of
the following reasons. 1) she has ·•an interest in the subject matter in controversy'' as
contemplated under Rule 18b.(a)(2) TRCP: 2) her "impartiality might reasonable be
questioned'', as contemplated under Rule 18. (b)( 1) TRCP: 3) she "has a personal bias or
prejudice concerning the subject matter or a party," as contemplated under Rule 18b.(b)(1)
TRCP; 4) she "has personal knowledge of disputed evidentiary facts concerning the proceeding",
as contemplated under Rule 18b.(b)(3) TRCP; and/or E) she ··is a material witness conceming
the proceeding", as contemplated under Rule 18b.(b)(4) TRCP.
(g) After the 3rct break/recess which was approximately 10 minutes, with he tirst few
minutes in the court room with everyone present while Mr. Berent studied the TRCP 329b(e) in a
law books, after which Parks and her lawyer went into a private room leaving J. Montgomery
and the Defendants' lawyers in the Court (again with an opportunity for ex parte discussion).
When retumed to the court room, this exchange occmTed:
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 31
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
The Court: Where are we?
Mr. Berent: Do we have an agreement?
Ms. Parks: I didn't really get to talk to you.
The Court: Come on up. I can't hear you back there.
Ms. Parks: I was just answering that I really didn't get a chance to talk to him to see
what--- to see, you know, what my parameters were, if that's something that I had to sign
off on.
The Court: All you have to do is say you accept their modifying the judgment where
there's no judgment against you:
Ms. Parks: And then after that ...
The Court: That's it, though.
Ms. Parks: Then there's no additional trial.
The Court: No, because you've run out of time.
The Witness: And why did I run out of time?
The Court: Because you're over 75 day on the hearing for the motion for new trial.
Ms. Parks: And who sets the hearing. Did the Court set the hearing?
The Court: I have nothing to do with that, except for my clerks.
Ms. Parks: No, so why was it set after the 75 days?
Mr. Berent: Ms. Parks is concerned that I did not set the hearing timely, and I'm
trying to explain that the clerk sets the hearing.
The Court: I didn't know about this issue. If I had known about this issue, we could
have set it sooner, but I didn't know about it.
Ms. Parks: So, basically, I lost my case because date? And so my name, I don't get a
fair trial. The bank is representing Josh.
The Court: It is what it is. And so you want to get rid of this judgment against you
and have the case dismissed with prejudice or do you want a judgment against you? Those
really are your two choices.
Ms. Parks: And neither one- I've walked away to two years. l've just let my whole
life go.
The Court: I'm out of time. It's 3:20. You've got to make your choice
Ms. Parks: I just feel set up.
APPELLANTS MOTION FOR EN BANC RECONSTDERA TION AND MODIFICATION 32
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(g) The Texas Rule of Civil Procedures 329b subpart E clearly states:
If a motion for new trial is timely filed by any party, the trial court, regardless of
whether an appeal has been perfected, has plenary power to grant a new trial or to
vacate, modify, correct, or reform the judgment until thirty days after all such
timely-filed motions are overruled, either by a written and signed order or by
operation of law, whichever occurs first.
This means that J. Montgomery still had 30 days after the 75th day. giving Parks a total of 105
days, for J. Montgomery to grant a New Trial because Parks I'vfotionfor lv'e1t' Trial was timely
filed. All representations' that Appellants' case was over were fraudulent and/or erroneous. So
clearly knowing that all the defense la\v-yers were looking up the rule in the law books, surprised
by the defense's assertion, plaintifi' s lawyer had to time to look up the rule that had been
discussed ex parte, in plaintiffs' absence. Mr. Hansen said they were even talking about it while
they were in the room with Judge Montgomery and Parks was in the meeting with Mr. Berent
and her father before J. Montgomery walked in the room and threatened Parks with sanctions.
It is unlikely, with professed knowledge of the law, long history of practicing law,
through education. awards, accomplishment. etc (Appendix 17), that the judge's conduct was
unintentional, rather it was a connivance and scheme to defeat Parks' claims, manipulate Parks,
for the benefit of Defendants and their attorneys. One could only see that this was an attempt by
all the officers of the court to Deceive Parks a non-lawyer by fraudulently misrepresenting the
law ofTRCP 329b subpart E to get Parks to act in a way of not using her free will because she
did not know that the law clearly states that she had a total of 105 days not the 75 days they were
telling Parks. There is no way that the lmvyers and judge in that room could have made a
mistake like this other than to defraud the plaintiff into doing something she would have not
done if she knew she still had more days like Parks represented after the first t\vo breaks full of
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 33
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
threats. Parks consistently requested a new fair trail (which should have been given according
to the American Constitution) until the judge persisted with phony defense-biased options. Parks
did not understand why her case was over which can be seen in the exchange above because
Parks could not have known the law and Parks was being tleceived to by all present in the court
while her advocate was paralyzed by the idea of a potential malpractice claim.. It was a
complete Conspiracy and Collusion with the Actors o(the Court and the only person in the
room who was not privileged to this conspiracy was the plaintiffTonya Parks. Parks was
coerced into a dismissal of her case because Judge Montgomery at Dallas County Court of
Law #3, John G. Browning on the behalf of Affiliated Bank, Jerry Alexander on the behalf of
Affiliated Bank, Greg ~McCarthy on the behalf of Affiliated Bank, Christopher Hansen on the
behalf of Josh and Katherine Campbell, Gino Rossini on the behalf of Josh and Katherine
Campbell and Jason M. Berent all conspired through their collective acts to "coerce" and put
Parks in "e.l:treme duress" by their unlawful conduct to induce Tonya Parks and Tonya Parks
on the behalf of Parks Realty to enter into a contract which deprived her of the exercise of
free will and judgment. As Parks had shown when she did not agree to the same agreement that
was discussed multiple times in the first two breaks/recesses - then Judge Montgomery acting as
Judge said she was going to grant Parks a new trial - then Mr. Hansen after a discussion in the
courtroom outside of Plaintiffs' presence, lied about TRCP 329b(e), a final desperate means to
manipulate Parks so this was when the unlawful conduct of coercion starts. The consent is void
."iince it was not knowing, intelligently given aml was immediately revoked, Under Texas law.
the term ·'duress" rather then "coercion" is used when parties are seeking to avoid a contract.
One element of duress is improper or unlawful conduct and/or threat of improper or unlawful
conduct that is intended to and does interfere with another's person exercise of free will and
APPELLANTS MOTION FOR EN BANC RECONSTDERA TION AND MODIFICATION 34
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
judgment. The threat must be imminent and the party must have no present means of protection.
Further "duress'' must be shown from the acts or conduct of the party accused of duress as is
clear from the record in the case. With that said, the conduct was from the party accused of the
duress and it was very unlawful because it was a conspiracy to deceive/deprive Parks. Parks did
not have proper protection because her own lawyer was ineffective and assented to the
assertions being made against Parks. In addition, when Parks asked the court for permission to
go into the hallway to obtain advise from or consult with her father who was in the hall, J.
Montgomery denied Parks of that free agency to speak with someone who she knew had her best
interest since Parks had already stated on the record she felt that she did not have proper
representation.
Judge Montgomery has sho\\n through her own violation of the law and she has violated
her judicial oath (Appendix 21) that through conduct that breached her duty (which occurs
when one person has a duty of care toward another person but fails to live up to that standard,
which in this was the duty of fairness, truth and impartiality). A person may be liable for injury
case if their breach of duty caused another person's injury. Her conduct is a, breach of trust (any
act which is in violation of her duties) and she has obstructed justice (the crime or act of
willfully interfering with the process of justice and law especially by int1uencing, threatening,
ham1ing, or impeding a witness. potential witness, juror, or judicial, such as J. Akin, or legal
officer or by furnishing false information in or otherwise impeding an investigation or legal
process). Judge Montgomery has shown through her own actions that she was not preserving,
protecting and defending the Constitution and laws of the United States and Texas per her
judicial oath. With J. Montgomery going along with all the lawyers who she aided to
intentionally furnish false infonnation by misrepresenting and/or ignoring (to be ignorant of, or
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 35
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
unacquainted with. the disregard willfully; to refuse to recognize; to decline to take notice of) the
law to induce Parks into an agreement to dismissal of case for the defendants in contravention of
what was true and accurate. Parks would not have done (dismissed her case) if she knew what
under TRCP 329b subpart E really meant.
Per Judge Akin's and Jolm Brow11ing's findings, because someone is 40 plus years of
age, a college graduate, runs her own business and is a sophisticated businesswoman does not
mean they can't be forced to enter into a fraudulent agreement that should be voided. It also
should not matter if the party had a lawyer where that lawyer was clearly not protecting the
interest of his client (which they acted on). rendered ineffective after which the Judge spoke only
and directly to Parks, not her attorney. Judge 1l'lontgomery even said, "I know the rules"- so
she should have know11 what they were saying was false which can also be presumed to have
misapplied the law intentionally. J. Montgomery has a duty to protect and defend the laws of our
State so she should have said, "no. that's not the correct interpretation ofTRCP 329b subpart E''.
but she did not and went along with the lawyers after several ex parte consultations to collude,
coerce and/or conspire against Parks while threatening artificial time constraints. sanctions, and
jail. J. Montgomery showed that she had a conflict of interest and was not impartial by the
defense and aiding them in manipulating Parks to their advantage. She and all the lmvyers had a
duty and went against the Texas Rules qj'Civil Procedures hy not maintaining the integrity (~lthe
profession because of their zmlmvfill conduct. Judge Montgomery acting as Judge also violated
the Texas Code oj'.Judicial Conduct (Appendix 22). Judge Montgomery is to defend the law even
if a patty's own attorney is showing an ignorance of the law and/or lack of knowledge of the law
so that the court can maintain the integrity of the judicial system.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 36
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
The hearing held on Feb 16, 2018 was not a fair hearing with an impartial Judge and
Judge Akin was fully connected \Vith John Browning and Judge Montgomery as will be more
fully laid out hereinafter. Also, the hearing was held Friday, Feb 16, 2018 and Judge Akin said
that he would have a decision by Monday, February 19, 2018, but he did not have his "Findings
(?lFacts and Conclusions qlLaw" tiled with the court until Feb. 27,2018 using the same
''Findings (~IFact and Conclusions ofLmv ., previously prepared by John Bro\\'ning. This was an
11 day of a delay.
(7) Stating that they based their decision on the unchallenged findings and the
evidence at the hearing before Judge Akin, they concluded Judge Akin did not err by
determining Parks entered into the settlement agreement without coercion or duress.
(a) First, Mr. Cruz did challenge the findings and evidence. Judge Akin used only the
verbation, pre-hearing proposed defense findings despite clear and contrary evidence and
testimony from Parks except to erroneously add Parks' education and experiences against her.
Judge Akin's hearing conduct was unabashedly weighted against Parks and he would sustain a
lot of the testimony that would show Parks refusing to allow testimony that proved she was
coerced, put in extreme duress, threatened. or improperly int1uence into an agreement, but
allowing the defense lawyer, John Browning to use a near limitless questioning on irrelevant
matters beyond the scope of the hearing and matters nearly 1 years after the Motion for New
Trial hearing that was held on June 13, 2016. Parks even notice John Browning and Judge Akin
making knowing and colluding facial expressions to each other that are not seen when a Judge is
impartial. In fact, J. Akin was not impartial, is a colleague of Montgomery, had been briefed
against Parks before the hearing, and was improperly inf1uenced in his decision and J. Akin is
large campaign donor to J. Montgomery. This would also show that Judge Akin \Vas in on the
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 37
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
conspiracy to deceive Parks. Due to this conspiracy and unlawful practices. any action Judge
Akin took in deciding on Parks case should be reversed. This court should not have abated the
appeal to the same court in which the conflict of interest exist
(8) Stating they conclude Rymer is distinguishable and does not control whether the
agreement entered into by Parks is enforceable.
(a) Parks has spoken with Rymer and through their conversation could tell that even
though their cases \vere different, Judge Montgomery actions were still the same in depriving
one party by denying intitled valid claims.
(9) Stating they will not address Appellant's issue on any subsequent compliance with the
agreement by either Affiliated Bank or Appellants because it is not relevant to the issues
before Judge Akin.
(a) Relevant to this matter is Browning's cont1icting positions that the Campbells can
execute on a judgment for awarded their legal tees, which would necessitate the agreement be
tmenforceable, and that the agreement is enforceable as to Afliliated Bank, all while an appeal
was pending, for the purpose of manipulating and intimidating Parks.
(b) John Bnmming is representing the defendants, but using conflicting/opposing process.
Browning is attempting judgment execution for one party in this appeal to intimidate, harass and
bully Parks, while using a conflicting attempt to enforce an appealed agreement at the same time,
all while Judge Montgomery left the docket/record uncorrected and refused to use her remaining
plenary po\ver to order a new trial. This is an abuse of process and should not be permitted
especially as John Browning is running for judge on Court of Appeals.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 38
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
(c) Browning should not be permitted to appear in front of this court as he runs for a
judgeship in it and is a Republican candidate with all the current Justices who are Republican
and all have Democrat opponents.
(d) Browning has been allowed. by all courts. to unethically influence decisions by
misrepresenting the law to intimidate, harass and manipulate Parks. Even though he is
representing the defendant, he should still be ethical and follow the letter of the law. There is no
excuse to deprive someone of their due process. 14 amendment and their right to a fair and
unbiased trial.
(10) Not addressing the rendition issue of modifying or vacating the Judgement entered by
Hon. Sally Montgomery on March 24, 2016 (CR: 255-256- Appendix 14) after the hearing
held on the Motion for New Trial (transcript Appendix 2).
(a) This comi stated in its Order on December 20, 2017 that "Accordingly, ifthere was
an enforceable rule 11 agreement, the trial court had a duty to enforce the agreement entered into
by the parties by modifying or vacating the March 24 1h Order to reflect the parties' agreement
see in re Barton, 2017 WL 6275920 at (trial court ''has no authority to render judgment which
does not fall strictly within the terms of the agreement dictated into the record by themselves"),
but failed to do so" because Parks revoked any consent by appeal shortly and timely after the
agreement. Once Parks spoke with competent counsel who knew the law and she became aware
that she was lied to and that Montgomery still had the power to grant Parks a new triaL but the
trial court were telling Parks that her case was over. That's all Parks could hear and it was
devastating to Parks with no one advocating on her defense because of the conspiracy between
Lawyers and Judge. Everyone in the court room knew their role to deceived Parks into entering
into an agreement she would not have done if she new she had the opportunity to continue her
APPELLANTS MOTION FOR EN BANC RECONSIDERA TJON AND MODIFICATION 39
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
lawsuit. Parks thought her case was over because that's what she understood and they
denied/restrained her the opportunity to speak with someone who was sitting in the hall who
would have told her to leave and move forward with the appeal because they were lying to Parks.
With the events that has happen to Parks in her tight for justice would show a true case of
obstruction of justice in the Dallas County Court of Law #3 and Parks prays that this court does
not condone this type of injustice. Although Parks is 43 years of age, a college graduate,
successful business women Parks still needed to speak with someone who understood the law
because Parks is not a lawyer nor had Parks ever practiced or studied law before the hearing on
June 13, 2016.
John Browning also stated in Oral Argument on Dec. 12, 2017 that they did not go to the
efforts of Modifying the Judgment because they thought the case was over (as if he controls the
lower court), but Parks had communicated her desires to AppeaL to defense counsel who would
not respond to Parks' emails or calls. Jason Berent also knew Parks wanted to file this appeal,
but he did not file it nor did he timely release himself as Parks Attorney of Record.
(11) In not addressing Appellants' letters to this court (Appendix 3- filed on July 25, 2016,
Appendix 4- August 15, 2016, Appendix 5-August 22, 2016), Affidavit of Bennie Gibson
(Appendix 6- filed August 24, 2016), Appellants' Response to Objection of Bennie Gibson
Affidavit (Appendix 7 filed on August 30, 2016) and all Appellants' briefs tiled that were
overlooked and not addressed in the opinion.
(a) In the letters, motions, responses and briefs, Parks mentions ''conflicts of interesf'.
"undue influences," "voided judgment," ..fraud" (as a material representation. which was
false, and which was either known to be t~1lse when made or \vas asserted without knowledge of
its truth, which was intended to be acted upon. which was relied upon. and which caused injury.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 40
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
Union Pac{jic Resources Group, Inc. v. Rhone-Poulenc. Inc., 247 F.3d 547), ·•conspiracy" (is
characterized by an agreement between two or more people for the purposes of promoting or
committing a crime), '"conspiracy to defraud" (on pati of two or more persons with a common
purpose. supported by concerted action to defraud, that each has the intent to do it and that it is
common to each of them, and that each has the understanding of that purpose), "collision" (a
secret or illegal cooperation or conspiracy, especially in order to cheat and deceive others).
(b) Parks hopes this court can see by the evidence presented in this court a clear picture
of things that happen behind the scenes. As outlined hereinabove there have been multiple ex
parte communications and conferences among the Judges and Defendants; /Appellees' Lawyers
(in furtherance of their common purposes). Communication also occurred when the plaintifTs or
plaintifT counsel had not been present and same with appellant and appellants counsel.
(Appendix 15). For example, Judge Montgomery was scheduled to conduct the hearing Ordered
by this Court on December 20. 2017 and again on February 15. 2018, but somehow shortly
before and after business hours Appellants counsel learned that Browning had submitted the pre-
hearing defense documents to a visiting Judge Akin. Without any court notification to
Appellants', Browning knew that J. Montgomery had decided to have J. Akin conduct the
hearing only because of an approaching after hours trru1smitting email to J. Akin which cc' d Mr.
Cruz. Upon arrival at the courthouse on February 16,2018, Appellants found J. Montgomery on
the bench in an unrelated matter from which she had descend the bench to conduct an ex patie
discussion with defense counsel (Appendix 15 which pictures J. Montgomery, defense lawyer
Browning. Alexander, McCarthy and Cole conferencing ex parte. Upon seeing Parks the judge
retreated and never spoke to plaintiff or her attorney). When the parties proceeded to J. Akin
courtroom for the hearing, it was cleru· that had been briefed on this case. as the last minute
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 41
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
reassigmnent (without time to notify all parties of the change) would not have permitted his
detailed and thorough knowledge of the details he had, had he not been briefed. At the
conclusion ofthe hearing J. Akin said that he would issue his decision the next day, but instead
took nearly two week to issue his decision, allowing for plenty of time for J. Montgomery to read
the hearing transcript and int1uence the decision. It is clear from the lengthy careers. experience,
education and convoluted inter-relationship that cronyism has repeatedly determined the
decisions in this case. (See face book posts. comments, campaign materials, pictures and resumes
in Appendix 15-17)
(c) Parks tiled a complaint with the OCC (Office of Comptroller of Currency) shortly
after filing this appeal to report Afliliated Bank had other issues and a loan oflicer who was hired
by Affiliated Bank's team despite the employee's prior Felony conviction for forgeries and theft.
The OCC enforced the laws which required Affiliated Bank to tire this individual with all the
felonies for forgeries and theft. Despite OCC' s demand to file the individuaL the person was still
working at the bank as a loan officer, so the OCC had to reiterate its demand on Afliliated Bank
to immediately tenninate him. Recently, Parks noticed this individual still had websites showing
this individual still had advertise websites that would direct a person back to Affiliated Bank to
apply for loans under his contact which would look as if he was still employed with Affiliated
Bank. Parks has a voicemail message from the OCC confirming the same findings and they will
be pursuing the bank again. Also Parks was told by the OCC that they have taken other actions
from her compliant, but can not be known to the public. Josh Campbell was also hired by
Affiliated Bank despite prior multiple felonies. If Affiliated Bank would not hire individual with
this type of history Parks would not be going through this today. Aftiliated Bank hires
individuals who could pose a threat to the personal identity of the elderly and their community
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 42
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
they serve with employees like this. This type of hiring is a risk to the public and in
contravention of conswner protection statutes which is why the OCC enforced the termination of
one of their employees who was still working for Affiliated Bank. Parks does not want
Atliliated Bank to be able to hurt anyone else like they have done to her, her family and her
business. This evidence, combined with the misapplication of law, make it clear that the bank
knowingly, intentionally and/or negligently hire, direct, or supervise its employees so they
should have never been dismissed.
( 12) Items discussed in Oral Argument on Dec. 12, 2017 by John Browning and presented
as fact to the Panel of Justices in this court that were false and this court should have taken
judicial notice of the clerk's record that was presented to this court and briefs submitted by
Appellants after the abatement per the order on Mar. 8, 2018.
(a) John Browning was not truthful with this court when he stated he did not have
authority to attempt to collect the fabricated legal fees. As argued above, Browning had already
begun judgment execution prior to this Court's hearing, but did not force the issue until
Appellant filed a motion to recuse Judge Montgomery (his past client) also his clients the
Campbell knew nothing of it and he used this attempt to harass appellants tor filing a motion to
recuse Judge Montgomery a formal client of his. Either Browning lied or he lacked authority,
either of which is an ethics violation.
(b) When Justice Robert M. Fillmore asked Mr. Browning why Browning thought he
could not tile and why, according to the statue, did he not tile a summary judgment motion tor
his clients absent a stay of proceeding, Mr. Browning stated that he wanted to file a summary
judgment, but he said Judge Montgomery ordered a stay on other proceeding. As is clear on the
docket and the record, there was never an order to stay placed on the proceedings, so Browning
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 43
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
statement was a falsehood. especially in light of his attempts to both collect judgment and
enforce dismissal for defendants after the appeal was filed.
(13) By not looking at all evidence which would show a conspiracy and collusion between
the Officers of the Court and entertained when drafting its opinion dated May 3, 2018 and
Parks has also retrieved new evidence during the abatement and has more evidence coming
in that happened during the abatement of this appeal.
• .Judge Montgomery - has been a Judge for over 20 years and lawyer since 1980
• John Browning - had been a Lawyer since 1989 and has won several awards and
teaches lawyers and Judges ethics and is running for place 11 in the 5th Court of
Appeals as a Republican candidate. (Parks has been told by some of his endorser
that have reviewed this entire case that they would not have endorsed him if they
had seen Parks case prior to endorsing him, but unfortunately it was too late for
them to take the endorsement back. but they willllot give him any more money
toward his campaign because of his unethical practices in this case toward Parks).
• Jerry Alexander - has been a la\\-)'er since 1972 before Parks was even born and
still did not know Judge Montgomery still had Plenary Power, but some how
Tonya Parks a nonlawyer was the only one who could make a choice when
Montgomery still had time to grant Parks her New Trial.
• Gregory McCarthy- has been a lawyer since 1985 and works closely with Garry
Graham president of Affiliated Bank. He is also a close friend to Garry Graham
and has been cited in a book called The Texas lv!iracle and Playing Possum the
Tale of the River Card both written by John Marshall. Parks has been told by the
Oftice of Comptroller of Currency that they are aware of these two books.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 44
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
• Christopher Hansen - has been a la\\';er since 1994 and is a partner in his law
firm.
• Gino Rossini - has been a lawyer since 1998 and is a partner in his law firm.
• Ryan Cole - has been a lawyer since the late 1990's and has followed John
Browning around to di±Terent firms throughout his career.
• .Jason Berent- Plaintiff Lawyer has been a lawyer since 2000
• Judge Ted Akin -lawyer and or Judge since 1955
(a) In looking at the careers and the length of time these Lawyers and Judges have been
practicing law (Appendix 15) you can \Vithout a shadow of a doubt know these officers of the
court were intending to deceive Parks.
(b) Parks has pictures that she took outside of Judge Montgomery's court room the
morning of the said hearing on Feb 16,2018 with Judge Ted Akin. In these pictures Parks
caught Judge Montgomery, John Browning, .Jerry Alexander, Ryan Cole, and Greg
McCarthy speaking (ex parte communication) without Mr. Cruz. Since Judge
Montgomery was not going to hear the hearing Ordered, she was in another hearing and
got off the bench to go to the door to privately speak with all the defendant lawyers who
had arrived for the hearing Ordered by this Court - .John Browning, Jerry Alexander,
Greg McCarthy and Ryan Cole (Appendix 15).
(c) Parks' lawyer Baltasar Cruz was not present so Judge Montgomery should have
waited to have any communication with the other side without both sides being present-
especially for of the reasons this hearing was ordered. When she noticed Parks walk up - she
immediately walked away. On another note, Baltasar had no idea Judge Akin was going to have
any involvement in the hearing on Feb. 16, 2016 until the late evening before the hearing
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 45
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
because Mr. Cmz received a cc'd email from John Browning sending documents for review to
Judge Akin. Baltasar was not able to send Plaintiffs' documents until the early morning the day
of the hearing. Somehow John Browning knew about this before Mr. Cmz had any kind of
notice of this change and could prepare Judge Akin's with Parks' documents. Even after sending
documents, Parks and Mr. Cruz had no idea until the time of the hearing that Judge Akin was
going to hear the ordered hearing.
(d) This court erred in denying on Feb. 15, 2018 (Appendix 11) Appellants' Emergency
1Hotion to Stay Proceedings in the Trial Court and Reconsider and Withdraw Order rhat Trial
Court Conduct Hearing on FVhether Trial Court Judge Coerced Plaintiff's into Entering into a
Rule 11 Agreement and. in Alternative 1Hotion that Case be T!·an~'[erred to Other Court to
Conduct Said Hearing which was filed on Feb. 14, 2018, for all the foregoing reasons.
(e) Parks has also attached a letter from First Assistant District Attorney Office of
Dallas Michael Snipes stating he has carefully reviewed Parks complaint and that he wishes he
had jurisdiction to help Parks, but he did not, but advised Parks to seek help through Appeal
and the Judicial Board. (Appendix 18)
(f) On Friday 18.2018 Mr. Gibson sent off for a Freedom oflnformation Act. 5U.S.C.
552 requests for Investigation of Records for AHiliated Bank. (Appendix 23)
Conclusion
Appellant respectfully contends that. based upon all of the foregoing the Opinion
contains clear errors of fact and law, in the Trials Court's Judge Akin's "Finding ofFacts
Conclusions (?(Law'' without using all the actual evidence presented in the hearing which was
ordered by this court to have during the abatement. This court erred in abating the appeal to the
same lower court, disregarded the evidence presented in Appellant's briefs. letters to the court.
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 46
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
motions to both this court and the trial court and oral argument. This court also erred in allowing
the lower court to improperly excluded actual evidence presented in making the ruling to dismiss
Appellant's lawsuit.
Prayer
Parks prays to God that you will look at all the action and evidence of misconduct form
the trial court and not look at your long personal relationships and history with Mr. Browning to
make thing right and return Parks to status quo. Parks knows that you don't know her, but please
trust that she is coming to this court sincerely asking for help from the years of abuse she has
suffered from all the lawyers during the trial court at the motion to dismiss, the defendants. and
the trial Judge Sally Montgomery and Judge Ted Akin.
Just because a person has known and/or worked with a person for many years does not
mean that you really know what a person will do behind close doors when they feel no one is
watching. With the help of the trial court Judge, John Browning and his team have done a lot
illegal and unethical thing according to the law in this case. Everyone who has really looked into
this case who are Lawyers, elected officials and regular citizens have all said what has happened
to Parks was wrong. Some have said they wished they could help her. but they could not. Some
have said if they go against J. Montgomery it would be ··lawyer suicide", and some have said
what they did was just evil (one ofwa"> John Browning's own campaign endorsers). Many have
said what happened to Parks was not fair and or justified because her evidence was clear.
Please do not turn a blind eye to this and please return integrity and justice to the court by
willing to call one of your own (.Jolm Browning).
Just like in the Me-Too Movement, people are hearing about people they have know11 and
loved, but they had no idea what they were doing when no one was watching. Please act as you
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 47
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
did \Vhen you did not condone the actions of the Judges cited in the opinion on the recusal of J.
Montgomery in the past and reversed everything (Appendix 20).
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays this
Honorable Court grant this Motion, reconsider its Opinion, accept additional evidence presented
in this Motion, reverse the Trial Court's ''Findings (?(Facts Conclusions qf'Law" entered on Feb.
27, 2018, reverse the lower court order of March 24 and grant Appellant such additional and
t\.1rther relief. legal or equitable, special or general, to which she may be entitled in law and
equity.
Respectfully submitted,
Tonya arks
ProSe
1401 Bristlewood Dr
McKinney, Tx 75070
(214) 980-8816
tonvaparks(ii!parksrealtvtirm.com
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 48
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
Certificate of Service
I certify that on this. the i 11 day of Jw1e. 2018, complete and accurate copy of this
document was electronically served upon the following attomeys for Appellee by means of this
transmission to their respective electronic filing service provides in compliance with rule 9.5 of
the Texas Rules of Appellate Procedures:
John G. Browning
Jerry Alexander
Passman & Jones. PC
2500 Renaissance Tower
1201 Elm Street
Dallas, Tx 75270
Tonya Parks
APPELLANTS MOTION FOR EN BANC RECONSIDERATION AND MODIFICATION 49
OF JUDGMENT AND MEMORANDUM OPINION OF MAY 3, 2018
APPENDIX 1
Dismissed and Opfnfon Filed May 3, 2018
In The
Qtnurt nf Appeala
lt1ift}f iliatrirt nf we*ail at ilallas
No. 05-16-00784-CV
TONYA PARKS AND PARKS REALTY FIRM, LLC, Appellants
v.
AFFILIATED BANK, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-15-04540-C
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Fillmore
Tonya Parks and Parks Realty Firm, LLC (PRF) appealed from a trial court order signed
by the Honorable Sally Montgomery that dismissed appeltants' ciaims against Affiliated Bank
pursuant to the Texas Citizens Participation Act, see TEX. Civ. PRAC. & REM. CODE ANN.
§§ 27.001-.0ll(West 2015) (the TCPA), and awarded Affiliated Bank $29,876.40 in attorneys'
fees. The record, however, reflects that Parks, individually and on behalf of PRF, orally agreed
on the record not to appeal the order. Because Judge Montgomery did not modify the order to
reflect that agreement, we abated this appeal and remanded the case to the trial court for a
determination of whether Parks, individually and on behalf of PRF, voluntarily entered into an
agreement under rule of civil procedure 11, i pursuant to which appellants forfeited their right to
bring this appeal, and whether any agreement was enforceable.
The Honorable Ted Akin conducted an evidentiary hearing and determined Parks agreed
in open court not to appeal the order dismissing appellants' claims and the agreement was
enforceable pursuant to rule of civil procedure 11. Appellants filed a supplemental brief asserting
( 1) this Court erred by abating this appeal because any agreement made by Parks is unenforceable
due to Judge Montgomery's violation of appellants' right to procedural due process, and (2) Judge
Akin abused his discretion by entering findings of fact and conclusions of law when there had not
been a trial and by determining Parks did not enter into the agreement due to coercion or duress,
the agreement was enforceable, Affiliated Bank complied with the agreement, and appellants
breached the agreement. We dismiss this appeal.
Background
Appellants sued Joshua A. Campbell and his former employer, Affiliated Bank, asserting
a number of causes of action based on an internet posting by Campbell concerning Parks's work
as a real estate agent. Campbell filed a motion to dismiss under the TCPA on grounds the claims
against him were based on statements he made in connection with a matter of public concern and
appellants could not establish by clear and specific evidence a prima facie case for each essential
element of their claims. Campbell requested the dismissal of the claims against him and the award
of reasonable attorneys' fees. At the hearing on Campbell's motion, Affiliated Bank argued it
"should be included as far as being dismissed" because there was no evidence to support the causes
of action asserted against it. Affiliated Bank also requested that it be awarded attorneys' fees
pursuant to the TCP A. On March 24, 2016, Judge Montgomery signed an Order on Defendant
1
Rule of civil procedure II states that, unless otherwise provided in the rules of civil procedure, "no agreement between attorneys or parties
touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open
court and entered of record." TEX. R. CIV. P. II.
-2-
Joshua Campbelrs Motion to Dismiss (the March 24th Order), dismissing with prejudice
appellants' claims against both Campbell and Affiliated Bank and awarding $62,297.50 to
Campbell and $29,876.40 to Affiliated Bank for court costs, reasonable attorneys' fees, and other
expenses incurred in defending the litigation.
Appellants filed a motion for new trial. At the hearing on the motion, the parties agreed
on the record that (1) Campbell and Affiliated Bank would not seek to recover the fees and
expenses awarded in the March 24th Order, and (2) appellants would not appeal the March 24th
Order. However, Parks subsequently filed a prose notice of appeal for both herself and PRF.
Affiliated Bank moved to dismiss the appeal based, in part, on Parks's agreement not to appeal the
March 24th Order. 2 Parks and PRF responded Parks was "coerced by the trial court" into non-
suiting their claims under "extreme duress."
After retaining counsel, appellants filed an appellate brief arguing in four issues that the
trial court erred by dismissing appellants' claims against Affiliated Bank and the dismissal violated
appellants' right to procedural due process. Following oral argument, we abated this appeal and
remanded the case to the trial court for findings relating to whether Parks, individually and on
behalf of PRF, voluntarily entered into an agreement under rule of civil procedure 11, pursuant to
which appellants forfeited their right to bring this appeal, and whether any agreement was
enforceable.
In compliance with our order, Judge Akin conducted an evidentiary hearing on February
16, 2018. Judge Akin admitted into evidence pleadings from the underlying proceedings as well
as the transcript of the hearing on appellants' motion for new trial. Parks also testified about the
hearing on appellants' motion for new trial and her state of mind at the time she agreed to the
2
On December 2, 2016, we dismissed appellant's appeal against Campbell because the notice of appeal was untimely as to him.
-3-
settlement. On February 26, 2018, Judge Akin entered findings of fact and conclusions of law.
Judge Akin specifically found: 3
1. Parks is at least forty-two years old, has a B.B.A. degree from the University of North
Texas, is a licensed realtor, owns and operates her own company, and is a sophisticated
businesswoman;
2. In the underlying case, appellants' motion for new trial was heard on June 13, 2016,
more than seventy-five days after the March 24th Order was signed;
3. Appellants were represented by counsel during the hearing, and appellants counsel was
among the counsel who represented to Judge Montgomery that appellants' motion for
new trial had been overruled by operation of law;
4. During the hearing, Judge Montgomery directed the parties to confer regarding
potential settlement at three separate junctures, including one break that lasted for more
than thirty minutes;
5. After the final break, during which Parks conferred with her counsel, the parties
announced they had reached an agreement;
6. Counsel for all parties agreed on the record that Ca:tnpbeU and Affiliated Bank would
forego seeking to recover the attorneys' fees awarded in the March 24th Order in
exchange for a "full waiver of any appeal or further filings" by appellants;
7. The agreement constituted a "dismissal with prejudice" with appellants "giving a full
and complete release of all claims" against Affiliated Bank and Campbell;
8. Defense counsel requested that Parks give her verbal assent to the agreement on the
record;
9. Appellants' counsel "made it clear to his client that it was her decision, stating 'I'm not
telling you what to do. I'm not pressuring you. It's your decision'";
10. After Parks expressed reluctance about the agreement, Judge Montgomery asked her
whether she was going to dismiss the case with prejudice;
11. Parks stated "whatever you guys want," and Judge Montgomery advised Parks that she
was the only one who could make the agreement and Judge Montgomery could not do
it for her;
12. Parks responded that she would accept the settlement, but indicated she had been "put
in this position" and had not had the "representation she wanted to have";
3
The numbering of the findings set out in this opinion do not correspond with the numbering of the findings in Judge Akin's findings of fact
and conclusions of law.
-4-
13. Judge Montgomery advised Parks that she needed to say yes or no to the agreement
and that Judge Montgomery could not make the choice for her;
14. Parks "tried to claim she was 'forced' to accept the settlement," and Judge Montgomery
cautioned her that the settlement "would not hold" under those circumstances;
15. Parks stated in open court, "I accept the deal";
16. Affiliated Bank and Campbell complied with the agreement and did not pursue
collection of the attorneys' fees awarded in the March 24th Order; and
17. Appellants breached the agreement by filing a notice of appeal.
Judge Akin concluded Parks did not enter into the agreement due to coercion or duress from her
cotitlsel, the other parties, oi Judge Montgomery, and the parties' agreement was enforceable under
rule of civil procedure 11.
We granted appellants' request to file supplemental briefing, but specifically limited the
supplemental briefing to "issues relating to the trial court's rulings on objections at the February
16, 2018 hearing and the trial court's February 21,2018 findings of fact and conclusions oflaw.;'
Appellants filed a supplemental brief complaining in six issues, numbered five through ten, that
this Court erred by abating this appeal because any agreement made by Parks was unenforceable
due to Judge Montgomery's violation of appellants' right to procedural due process and Judge
Akin abused his discretion by ( 1) entering findings of fact and conclusions of law in a case in
which there was not a trial, and (2) determining Parks did not enter into the rule 11 agreement due
to coercion or duress, the rule 11 agreement was enforceable, Affiliated Bank and Campbell
complied with the agreement, and appellants breached the agreement.
Abating the Appeal
In their fifth issue, appellants complain this Court erred by abating this appeal and
remanding the case to the trial court for findings pertaining to any agreement between the parties.
This complaint is outside the limited scope of issues on which we allowed supplemental briefing.
Accordingly, we will not address appellants' fifth issue.
-5-
Authority to Enter Findings ofFact and Conclusfons of Law
In their sixth issue, appellants assert Judge Akin abused his discretion by entering findings
of fact and conclusions of law because findings of fact and conclusions of law may be made only
pursuant to rules of civil procedure 296 through 299a following a bench trial. Rule of civil
procedure 296 provides that "'Ti]n any case tried in the district or county court without a jury, any
party may request the court to state in writing its findings of fact and conclusions of law." TEX.
R. CIV. P. 296. "A case is 'tried' when the court's judgment is based on an evidentiary hearing
containing conflicting testimony." R.H. v. Smith, 339 S.W.3d 756, 761 (Tex. App.-Dallas 2011,
no pet.); see also Shanklin v. Shanklin, No. l3-15-0U392-CV, 2016 WL 3tJ62707, at *2 (Tex.
App.-Corpus Christi July 21, 2016, no pet.) (mem. op.). "Findings and conclusions are
appropriate if there is an evidentiary hearing and the trial court is called upon to determine
questions of fact based on conflicting evidence." Ezy-Lift of Ca., Inc. v. EZY Acquisition, LLC,
No. 01-13-0005·8-CV, 2014 WL 1516239, at *3 (Tex. App.-Houston[lst Dist.] Apr. 17, 2014,
pet. denied) (quoting Int 'l Union, United Auto., Aerospace Agric. Implement Workers ofAm.-UA W
v. Gen. Motors Corp., 104 S.W.3d 126, 129 (Tex. App.-Fort Worth 2003, no pet.)).
Judge Akin held an evidentiary hearing to determine whether there was an agreement
between the parties and whether any agreement was enforceable, and conflicting evidence was
presented at the hearing. Accordingly, Judge Akin did not err by entering findings of fact and
conclusions oflaw. See My Three Sons, Ltd. v. Midway/Parker Med. Ctr., L.P., No. 05-15-01068-
CV, 2017 WL 2351082, at *7 (Tex. App.-Dallas May 31, 2017, no pet.) (mem. op.) (noting trial
court is permitted to make findings of fact and conclusions of law following evidentiary hearing);
R.H., 339 S.W.3d at 761 (concluding that, on proper request of party, trial court was required to
make findings of fact and conclusions of law following hearing on motion at which conflicting
evidence was presented). We resolve appellants' sixth issue against them.
-6-
Findings ofFact and Condusions ofLaw
In their seventh through tenth issues, appellants argue Judge Akin abused his discretion by
ruling Parks did not enter into the settlement agreement due to coercion or duress, the agreement
is enforceable pursuant to rule of civil procedure 11, Affiliated Bank and Campbell complied with
the agreement, and appellants breached the agreement.
Standard of Review
Findings of fact entered in a case tried to the court have the same force as a jury verdict
upon questions. Anderson v. City ofSeven Points, 806 S.W.2d 791, 794 (Tex. 1991); Scott Pelley
P. C. v. Wynne, No. 05-15-01560-CV, 2017 WL 3699-823, at *8 (Tex. App.-Da11as Aug. 28, 2017,
pet. denied) (mem. op.). We thus review findings of fact by the same standards that are applied in
reviewing the legal and factual sufficiency of the evidence supporting a jury finding. Anderson,
806 S.W.2d at 794; Scott Pelley P.C., 2017 WL 3699823, at *8. Unchallenged findings offact are
binding on this Court unless the contrary is established as a matter of law or there is no evidence
to support the finding. Walker v. Anderson, 232 S.W.3d 899, 907 (Tex. App.-Dallas 2007, no
pet.); see also Tenaska Energy, Inc. v. Ponderosa Pine Energy, LLC, 437 S.W.3d 518, 526 (Tex.
2014) (concluding unchallenged findings supported by some evidence were binding on appellate
court); McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex. 1986).
We review the trial court's conclusions of law de novo. BMC Software Belgium, NV v.
Marchand, 83 S.W.3d 789, 794-95 (Tex. 2002); Credit Suisse AG v. Claymore Holdings, LLC,
No. 05-15-01463-CV, 2018 WL 947902, at *4 (Tex. App.-Dallas Feb. 20, 2018, no pet. h.)
(mem. op.). We may not reverse a trial court's conclusion oflaw unless it is erroneous as a matter
oflaw. Credit Suisse AG, 2018 WL 947902, at *4.
Duress or Coercion
-7-
Citing to paragraphs twenty-five and twenty-eight of Judge Akin's findings of fact and
conclusions oflaw, appellants argue in their seventh issue that the "trial court abused its discretion
in ruling that Parks, individually and on behalf of PRF, did not enter into the rule 11 agreement
due to coercion or duress[.]"' The standard of review relied on by appellants is not applicable to
our review of either the trial court's findings of fact or conclusions oflaw. See BMC Software
Belgium, NV, 83 S.W.3d at 794-95; Anderson, 806 S.W.2d at 794. However, whether an
agreement is voluntary is generally a question oflaw. See Tower Contracting Co., Inc. of Tex. v.
Burden Bros, Inc., 482 S.W.2d 330, 335 (Tex. Civ. App.-Dallas 1972, writ refd n.r.e.) ("What
constitutes duress is a question oflaw but whether the facts exist to make up the elements of duress
may be an issue of fact."); see also Dallas Cty. Cmty. Coli. Dist. v. Bolton, 185 S.W.3d 868, 880
(Tex. 2005) ("Where the facts are undisputed, determination of whether a payment is voluntary or
involuntary is a question of law."); Park Plaza Solo, LLC v. Benchmark-Hereford, Inc., No. 07-
16-00004-CV, 2016 WL 6242824, at *2 (Tex. App.-Amarillo Oct. 24, 2016, no pet.) (mem. op.)
("[W]hether or not circumstances of duress are established is generally a question of fact, but
whether established facts constitute duress is a matter of law to be determined by the court.").
Paragraphs twenty-five and twenty-eight of Judge Akin's findings of fact and conclusions of law
state "[t}here was no coercion," and '"[t]here was no coercion or duress." We conclude these are
conclusions of law that we review de novo.
"Coercion exists when a party by !he unlawful conduct of another, is induced to enter into
a contract which deprives him of the exercise of his free will." Man Indus. (India), Ltd. v.
Midcontinent Express Pipeline, LLC, 407 S.W.3d 342, 367 (Tex. App.-Houston I14th Dist.]
2013, pet. denied) (quoting Metro-Goldwyn-Mayer Distrib. Corp. v. Cocke, 56 S.W.2d 489, 491
(Tex. Civ. App.-Amarillo 1933, no writ). Generally, under Texas law, the term "duress" rather
than "coercion" is used when parties are seeking to avoid a contract. Id. "A common element of
-8-
duress in all its forms (whether called duress, implied duress, business compulsion, economic
duress or duress of property) is improper or unlawful conduct or threat of improper or unlawful
conduct that is intended to and does interfere with another person's exercise of free will and
judgment." Bolton, 185 S.W.3d at 878-79; see also McCord v. Goode, 308 S.W.3d 409, 413 (Tex.
App.-Dallas 2010, no pet.). ''The threat must be imminent and the party musthave no present
means of protection." McCord, 368 S.W.3d at 413. Further, "[d]uress must be shown from the
acts or conduct of the party accused of duress, not the emotions ofthe purported victim." !d. There
can be no duress when the threatened conduct is not unlawful. In re C.E. W, No. 05-14-00459-
CV, 2015 Wt 5W9336, at *3 (Tex. App.-Oalias Aug. 31,2015, pet. denied).
Appellants argue they established Parks entered into the agreement under duress because
Judge Montgomery falsely represented that she no longer had jurisdiction to grant appellants'
motion for new trial and threatened to leave an "unlawful judgment" in place and sanction
appellants for bringing a frivolous lawsuit if Parks did not agree to settle the case; these "threats"
were "of such a character as to destroy the free agency" of Parks to refuse the settlement; and these
"threats" "overcame Parks' [s] will and caused her to do that which she would not otherwise have
done."
Judge Akin found that Parks was at least forty-two years old, has a college degree, runs her
own business, and is a sophisticated businesswoman. He also found that Parks was represented
by counsel at the motion for new trial hearing, had an opportunity to confer with her counsel about
the proposed settlement agreement on multiple occasions, was cautioned by Judge Montgomery
that she was the only one who could make the decision to accept the offer of Campbell and
Affiliated Bank to settle the case, and agreed in open court to the settlement. These facts are
supported by evidence admitted at the hearing, including the transcript of the motion for new trial
-9-
hearing and Parks's testimony. 4 The record also reflects that, although she was highly emotional
at the hearing on the motion for new trial, Parks understood the consequences of accepting or
refusing the settlement and agreed to the settle in order to avoid a "$96,000 judgment" against her.
Based on the unchallenged findings and the evidence at the hearing before Judge Akin, we
conclude Judge Akin did not err by determining Parks did not enter into the settlement agreement
due to coercion or duress. We resolve appellants' seventh issue against them.
Enforceability of Rule 11 Agreement
Relying on Rymer v. Lewis, 206 S.W.3d 732 (Tex. App.-Dallas 2006, no pet.), appellants
argue in their eighth issue that Judge Akin erred by concluding the rule 11 agreement entered into
by the parties was enforceable. Rymer involved the appeal to the county court of a forcible detainer
judgment in the amount of $5,000 in favor of Rymer's landlord. Id. at 733-34. Both Rymer and
her landlord appeared pro se in the county court. I d. at 734 n.1. During the pendency of the appeal,
Rymer paid $1,20() into the registry of the county court. Id. at 734. Rymer and her landlord
subsequently agreed Rymer would vacate the property and the landlord would receive the $1,200.
Id. at 734. Before an order memorializing the agreement was presented to the trial court, the
landlord moved Rymer's property from the house into the garage. Id. Rymer alleged the landlord
caused thousands of dollars of damage to the property. !d.
Rymer informed the trial court that she no longer consented to the original terms of the
parties' agreement because the landlord had damaged her property. !d. After the trial court
expressed concern about the landlord's actions, Rymer informed the trial court that she wanted the
case dismissed to allow her to recover the money in the registry of the court. Id. The trial court
stated the case was dismissed. Id. The landlord then asked what would happen to the money in
•
4
In order to challenge Judge Akin's findings of fact, Parks was required to attack specific findings under the appropriate legal and factual
sufficiency standards. See Defense Resource Servs., LLC v. First Nat 'I Bank of Cent. Tex., No. I 0-14-00327-CV, 2015 WL 4064781, at *4 (Tex.
App.-Waco July 2, 2015, pet. denied) (mem. op.). Because Parks has failed to do so and the referenced findings of fact are supported by the
evidence, they are binding on this Court. See Tenaska Energy, 437 S.W.3d at 526; Walker, 232 S.W.3d at 907.
-10-
the registry of the court, and the trial court asked an attorney in the courtroom to mediate the
parties' dispute. ld. The attorney subsequently informed the trial court the parties had "some sort
of fact issues" that needed to be resolved concerning the property the landlord removed from the
house. !d. Rymer told the trial court that she wanted the case dismissed and she would file another
lawsuit for property damages. Id. The landlord indicated that Rymer could keep the $i,200 she
paid into the registry of the court to "end this entire matter." !d. Rymer stated she was "not
agreeing to.not do anything later down the road." !d. at 735. The trial court indicated it was "going
to let [the landlord] have the $1200, and I'll do an order right now. It's your choice." !d. Rymer
responded, ''I'll take the [$}1200, and we'll go-.'' !d. The trial court indicated it needed "to have
an answer." !d. Rymer responded, "Okay, that's fine," and indicated she would "agree to what
you're doing." !d.
The trial court signed a final judgment that stated the parties had reached an agreement on
the record, all issues of fact and law were tried to the court, and "'after receiving the evidence
presented and the testimony of the witnesses," the trial court awarded possession of the house to
the landlord and awarded Rymer the $1,200 from the registry of the court. !d. The judgment also
stated Rymer would not pursue any cause of action against the landlord for issues relating to
Rymer's personal property. !d. Rymer appealed, arguing the trial court acted improperly by
forcing her to choose between relinquishing either the $1 ,200 in the registry of the court or her
right to pursue a claim against her landlord for damages to her personal property. !d. at 736.
We concluded there was no evidence to support the trial court's apparent conclusion that
the $1200 would offset Rymer's claim for the damage to her property or to award relief to the
landlord. !d. We noted the case had been dismissed when the landlord asked what would happen
to the money in the registry of the court and, "[w]ithout saying so, the trial court essentially
reopened the case after the landlord agreed to let Rymer have the $1200 if Rymer agreed to drop
-11-
all claims against him." I d. This required Rymer to '"agree to forego any claim for damages she
may have had against her landlord" in order to recover the $1,200. Id.
In this case, the hearing on appellants' motion for new trial was held more than seventy-
five days after the March 24th Order, and counsel, including appellants' counsel, represented to
Judge Montgomery that the order was final. Judge Montgomery did not reopen the case and did
not make a decision about the value of appellants' claims without any evidence. Judge
Montgomery gave the parties three opportunities to discuss settling the case and did not attempt to
force a settlement by stating she would withhold money in the registry of the court from appellants
or award any such money to the other side ifParks refused to settle the dispute. Finally, appellants,
who were represented by counsel, did not relinquish any claims that could have been asserted
against Affiliated Bank or Campbell in a subsequent lawsuit. Rather, appellants agreed not to
appeal the March 24th Order in exchange for Affiliated Bank's and Campbell's agreement not to
pursue the attorneys' fees awarded by the trial court in the March 24th Order. All parties waived
a right relating to the March 24th Order in order to settle the dispute.
We conclude Rymer is distinguishable and does not control whether the agreement entered
into by Parks is enforceable. We resolve appellants' eighth issue against them.
Compliance with Agreement
In their ninth and tenth issues, appellants assert Judge Akin abused his discretion by
determining Affiliated Bank5 complied with the parties' agreement and appellants breached the
settlement agreement. However, we remanded this case for a determination of whether Parks,
individually and on behalf of PRF, voluntarily entered into an agreement under rule of civil
procedure 11, pursuant to which appellants forfeited their right to bring this appeal, and whether ·
5
Appellants also complain Judge Akin abused his discretion by ruling Campbell complied with the rule II agreement. Campbell is no longer
a party to this appeal. Accordingly, his conduct is not relevant to our analysis.
-12-
any agreement was enforceable. Any subsequent compliance with the agreement by either
Affiliated Bank or appellants is not relevant to the issues before Judge Akin. Accordingly, we will
not address appellants' ninth and tenth issues.
Conclusion
An agreement to settle a case is enforceable if it complies with rule 11. Padilla v.
LaFrance, 907 S.W.2d 454, 460 (Tex. 1995); In re Barton, No. 05-17-00364-CV, 2017 WL
6275920, at *1 (Tex. App.-Dallas Dec. 11, 2017, orig. proceeding) (mem. op.). As relevant to
this appeal, an agreement complies with rule 11 if the agreement is made in open court and entered
of record. T:Ex. R. Civ. P. 1 I. Judge Akin found the parties' agreement to settle this case was
made in open court and entered of record, and concluded the agreement was enforceable under
rule 11. One of the terms of the agreement was that Parks and PRF forfeited their right to bring
this appeal. See Estate of Crawford, No. 14-17-00703-CV, 2017 WL 5196309, at *2 (Tex. App.-
Houston {14th Dist.] Nov. 9, 2017, pet denied) (mem. op.) (per curiam) ('4The right to appellate
review may be waived by agreement." (citing Rodriguez v. Villarreal, 314 S.W.3d 636, 645 (Tex.
App.-Houston [14th Dist.] 2010, no pet.)). Because Parks and PRF entered into an enforceable
rule 11 agreement pursuant to which they agreed not to appeal from the March 24th Order, we will
enforce the terms of their agreement. Estate ofCrawford, 2017 WL 5196309, at *2; In reMarriage
ofLong, 946 S.W.2d 97, 99 (Tex. App.-Texarkana 1997, no writ). Accordingly, we dismiss this
appeal.
/Robert M. Fillmore/
ROBERT M. FILLMORE
ruSTICE
160784F.P05
-13-
Qtnurl nf 1\pp.eula
1Jrtfti, iliairitl nf w.exus al ilallas
JUDGMENT
TONYAPARKSANDPARKSREALTY On Appeal from the County Court at Law
FIRM, LLC, Appellants No. 3, Dallas County, Texas,
Trial Court Cause No. CC-15-04540-C.
No. 05-16-00784-CV v. Opinion delivered by Justice Fillmore,
Justices Lang-Miers and Stoddart
AFFILIATED BANK, Appellee participating.
Tn accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee Affiliated Bank recover its costs of this appeal from
appellants Tonya Parks and Parks Realty Firm, LLC.
Judgment entered May 3, 2018.
-14-
APPENDIX 2
Page: 1 of 27
09:53:34 1 REPORTER'S RECORD
09:53:34
09:53:34 2 VOLUME 1 OF 1
09:53:34 3 TRIAL COURT CAUSE NO. 15-04540-C
09:53:34 4 TONYA PARKS, PARKS REALTY ( IN THE COUNTY COURT
09:53:34 FIRM, LLC, (
09:53:34 5 (
09:53:34 Plaintiff, (
09:53:34 6 (
09:53:34 vs ( AT LAW NO. 3
09:53:34 7 (
09:53:34 AFFILIATED BANK, (
09:53:34 8 AFFILIATED BANK FSB, (
09:53:34 AFFILIATED BANK FSB, INC., (
09:53:34 9 BANCAFFILIATED, INC., (
09:53:34 JOSHUA CAMPBELL and (
09:53:34 10 KATHERINE CAMPBELL, (
09:53:34 (
09:53:34 11 Defendants. ( DALLAS COUNTY, TEXAS
09:53:34 12
09:53:34 13
09:53:34 14 MOTION FOR NEW TRIAL
09:53:34 15
09:53:34 16
:)9:53:34 17
:)9:53:34 18
)9:53:34 19
)9:53:34 20
)9:53:34 21 On the 13th day of June, 2016, the following
•
22 proceedings came on to be heard in the above-entitled and
23 numbered cause before the Honorable Sally L. Montgomery,
24 Judge presiding, held in Dallas, Dallas County, Texas:
)9:53:34 25 Proceedings reported by machine shorthand.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 2 of 27
J9:53:34 1 A P F E A R A N C E S
J9:53:34 2 JASON M. BERENT
J9:53:34 SBOT NO. 24027143
)9:53:34 3 Berent Law Firm PLLC
)9:53:34 5600 Tennyson Parkway, Suite 310
)9:53:34 4 Plano, Texas 75024
)9:53:34 214/692-5800
)9:53:34 5 ATTORNEY FOR PLAINTIFF
)9:53:34
)9:53:34 6
)9:53:34
)9:53:34 7 GINO J. ROSSINI
)9:53:34 SBOT NO. 24007953
)9:53:34 8 CHRISTOPHER HANSEN
)9:53:34 SBOT NO. 00790818
)9:53:34 9 Hermes Law, PC
)9:53:34 2001 N. Lamar Stret, Suite 450
)9:53:34 10 Dallas, Texas 75202
)9:53:34 214/749-6512
)9:53:34 11 ATTORNEYS FOR DEFENDANTS JOSHUA AND KATHERINE CAMPBELL
)9:53:34
)9:53:34 12
)9:53:34
)9:53:34 13 JOHN G. BROWNING
)9.: 53.:34 SBOT NO. 03223050
)9:53:34 14 JERRY ALEXANDER
)9:53:34 SBOT NO. 00993500
)9:53:34 15 Passman & Jones
)9:53:34 2500 Renaissance Tower
)9:53:34 16 1201 Elm Street
)9:53:34 Dallas, Texas 75270
)9:53:34 17 214/742-2121
)9:53:34
)9:53:34 18 GREGORY J. McCARTHY
)9:53:34 SBOT NO. 13367500
)9:53:34 19 Attorney at Law
)9:53:34 2222 Patterson Place
)9:53:34 20 Arlington, Texas 76102
)9:53:34 214/448-7154
)9:53:34 21 ATTORNEYS FOR DEFENDANTS AFFILIATED BANK
)9:53:34
)9:53:34 22
l9:53:34
)9:53:34 23
)9:53:34
J9:53:34 24
)9:53:34
J9:53:34 25
!9:53:34
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09:53:34 1 INDEX
09:53:34 2 JUNE 13, 2016 PAGE
09:53:34 3 Announcements. 4
09:53:34 4 Proceedings. . 4
09:53:34 5 Court Reporter's Certificate 26
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)9:53:34 7
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14:01:00 1 P R 0 C E E D I N G S
14:01:00 2 THE COURT: 15-4540 Tonya Parks, Parks Realty
3 Firm, LLC, versus Affiliated Bank, et al.
14:01:10 4 Go ahead and state your names for the record.
14:01:14 5 MR. BERENT: My name is Jason Berent, The Berent
6 Law Firm. I'm here representing the plaintiffs, Tonya
7 Parks and Parks Realty Firm, LLC.
14:01:27 8 MR. BROWNING: John Browning and Jerry Alexander
9 on behalf of Affiliated Bank, Your Honor.
14:01:35 10 MR. HANSEN: Your Honor, Chris Hanson and Gino
11 Rossini on behalf of Joshua Campbell and Katherine
12 Campbell.
L4:01:44 13 (Off the record)
L4:02:09 14 THE COURT: Motion for New Trial brought by
15 plaintiff. I read a lot of this. Let's talk about
16 Affiliated Bank first.
L4:02:34 17 No, they didn't have their own motion pending at
18 the time of the hearing. And the issue of attorney fees
19 was not fully discussed, I would agree. At the same
20 time, the evidence was pretty clear that they were in no
21 way, shape, or form involved with Campbell and Campbell's
22 decision to post
L4:03:08 23 If I were to grant a new trial on the attorney
24 fee issue, any of it, but your pleadings are such as they
25 are where it's clear that there is no linkage between the
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1 bank and their employee, you might be faced with a motion
2 for sanctions for bringing a frivolous case. And then
3 you have additional problems versus the current problems.
14:03:54 4 So I'm going to let you two go talk about that,
5 see if you all can resolve something.
14:04:00 6 We're going to do that right now.
14:04:07 7 MR. BERENT: Where would you like to us visit,
8 Your Honor?
14:04:09 9 THE COURT: Conference room.
14:38:45 10 (A break was held.)
14:38:46 11 THE COURT: Okay. Where are we?
14:38:55 12 MR. BROWNING: We couldn't arrive at any
13 agreement with regard to Affiliated Bank, Your Honor.
14:39:00 14 MR. BERENT: That's accurate, Your Honor.
14:39:02 15 THE COURT: Let me say this. What were the
16 attorney fees on that that the bank was awarded?
14:39:14 17 MR. BROWNING: 27,000 and change, Your Honor. I
18 can get it.
14:39:17 19 THE COURT: That's close enough.
14:39:24 20 I have thought to myself that -- just throw this
21 thought out there -- if that was dropped by 10 or 11,000
22 dollars, it might make it more palatable for both sides.
23 And, in the meantime, there's been an order.
14:39:48 24 MR. BROWNING: Rip Off Report, Your Honor.
14:39:48 25 THE COURT: So to grant an entire new trial when
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1 there's already been compliance is. a concern of the
2 Court's.
14:40:01 3 So you want to discuss that between the
4 attorneys first? At least as to Affiliated for starters.
14:40:16 5 MR. McCARTHY: Your Honor, for Affiliated we're
6 in a position what we would prefer doing and have made
7 abundantly clear is that we would like for this to be
8 over as to us, and we're willing to make the entire thing
9 over as to us.
14:40:30 10 That doesn't seem to suit the plaintiff, and so
11 I don't have any place else to go.
14:40:39 12 THE COURT: I don't know what y'all have
13 discussed, of course, back in the back. If Affiliated
14 what are you saying? You would be willing to drop all
15 the attorney fees just to make it go away? That is an
16 incredibly generous offer.
14:40:52 17 MR. McCARTHY: I thought so, too.
14:40:54 18 MR. BROWNING: We have made that, Your Honor.
19 That was before the motion for new trial was filed --
14:40:58 20 THE COURT: Are you serious?
14:40:59 21 MR. BROWNING: Yes, Your Honor. We did not want
22 the Court to have to be burdened with this exercise, nor
23 did we think it would be in the best interests of any of
24 the parties. That's why we agreed or made the offer that
25 we would not seek our attorney's fees.
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14:41:12 1 THE COURT: Let me ask you this question. In
2 your briefing on the motion to dismiss, okay, that was
3 brought by the Campbells, you're saying without a
4 severance if I dismiss it as to the Campbells, it's
5 dismissed as to Affiliated? Are you sure about that case
6 law?
L4:41:38 7 MR. BERENT: There is none.
L4:41:39 8 MR. BROWNING: There is no case law, Your Honor.
9 The statute itself says dismissal of the legal action,
10 meaning the case in its entirety. Legal comment I site
11 the Court to in my response has said because of this,
12 because of this potential ambiguity, plaintiff's
13 attorneys responding to a motion to dismiss were faced
14 with this situation as to a nonspeech-related cause of
15 action if they assert multiple and alternative causes of
16 action, or sue more than one defendant, would be well
17 advised just to sever those causes of action so they're
18 not --
_4: 42: 15 19 THE COURT: It would have to be free speech.
20 Well, it doesn't make any sense because if I dismiss free
21 speech, then everything else does go away. There's
22 nothing left .
. 4:42:25 23 MR. BROWNING: Your Honor, in fact, the things
24 they have alleged against the bank are related to the --
.4:42:30 25 THE COURT: They're all related.
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14:42:30 1 MR. BROWNING: So, really, the motion to dismiss
2 the case in its entirety was proper. The Court's
3 granting of it was proper. And, frankly, we don't
4 understand, you know, any basis whatever.
14:42:41 5 The Court itself even directed plaintiff's
6 counsel when he --
14:42:45 7 THE COURT: I don't even want to go there with
8 that. But the fact of the matter is if you make the
9 attorney fees go away, that would be a really good deal
10 because, otherwise, without any evidence, you're looking
11 at a frivolous case. And I don't know where there would
12 be evidence, based on what I've heard. There may be
13 something else, but I don't know where any additional
14 evidence will come from because plaintiffs have
15 absolutely no insights as to the relationship between the
16 bank and the Campbells or Mr. Campbell, and they've been
17 real clear about it.
L4:43:19 18 So, yes, sanctions would apply if this becomes a
19 frivolous case, which it looks like there's no way it
20 wouldn't.
_4:43:26 21 MR. BROWNING: Right.
_4:43:28 22 THE COURT: Now, I don't know who you are,
23 sir.
_4:43:35 24 MS. PARKS: This is my father.
_4:43:36 25 THE COURT: Okay. But he's shaking his head no,
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1 and he's not a lawye.r .· And I'm known for trying to help
2 folks in here. And .I don't say things in here, having
3 been doing this for 20 years, that are not a matter of
4 law.
14:43:51 5 And you're·putting your daughter at risk by
6 getting dug in on a position ·when I, as the Court, say·
7 this is what could occur I and it could. So don It be dug'
8 in on this thing.
14:44:10 9 I'll give you five minutes to discuss it as to
10 Affiliated. That's it. Clock's ticking.
14:44:20 11 MR. HANSEN: Your Honor, we would point out,
12 too, with regard to the Campbells, we have also made that
13 same offer to Ms. Parks that we would not pursue the
14 attorney's fees previously
14:44:29 15 THE COURT: Well, they got the relief that they
16 sought, which is the order to Rip Off.
14:44:33 17 MR. HANSEN: And as the Court's already ruled,
18 you granted the motion to dismiss. Again, we would renew
19 that offer to them.
14:44:40 20 THE COURT: Okay. Five minutes.
14:44:42 21 MR. BROWNING: I think plaintiff's counsel and
22 his client need to discuss it.
14:44:46 23 THE COURT: You've got five minutes. Clock's
24 ticking.
14:44:51 25 MR. BERENT: Would you like to join us?
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- ~: 44:53 1 MR. BROWNING: We've reiterated our offer.
14:44:56 2 THE COURT: If he wants you to join him, he
3 will, but if not, that's fine, too. He'll do whatever
4 you want. So will Jerry Alexander.
14:45:04 5 MR. BERENT: I'll be in the jury room.
14:45:09 6 THE COURT: Do you want him or not? Anyone you
7 want will join you.
14:45:13 8 MR. BERENT: Does my daughter count?
14:45:15 9 THE COURT: No, your daughter should probably
10 stay here with me.
14:45:19 11 MR. BERENT: I would like to invite my client,
12 her father, and any lawyer that would care to discuss
13 matters in good faith.
... -s:45:28 14 THE COURT: If you want to name one, now would
15 be a good time. Who do you want?
14:45:30 16 MR. BERENT: John and Chris and Jerry.
14:45:36 17 (A break was held.)
15:08:38 18 THE COURT: Okay. So do we have any agreements?
15:08:43 19 MR. BERENT: No agreements, Your Honor.
15:08:46 20 THE COURT: Okay. I'm going to grant the new
21 trial as to Affiliated Bank.
15:08:50 22 MR. HANSEN: Your Honor, there's one thing we
23 were just talking. And it appears that this hearing is
24 after the 75th day, and the motion for new trial has
25 already been overruled by operation of law, it looks
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1 like.
15:09:03 2 THE COURT: Has it?
15:09:06 3 MR. BROWNING: Yes, Your Honor.
15:09:06 4 MR. BERENT: I believe that's accurate, Your
5 Honor.
15:09:07 6 MR. HANSEN: The 75th day was June 7 following
7 the entry of the judgment in this case on March 24.
8 Therefore, as of June 8, it's overruled by operation of
9 law under Rule 329(b), subpart E.
15:09:22 10 THE COURT: I know the rules. I just don't know
11 the dates.
15:09:25 12 MR. HANSEN: I'm sorry.
15:09:25 13 THE COURT: I entered it on March 24?
15:09:30 14 MR. HANSEN: Yes, ma'am.
15:09:31 15 THE COURT: And the motion for new trial was
16 filed within 30.
15:09:34 17 MR. HANSEN: Yes, ma'am.
15:09:35 18 THE COURT: Okay. Hang on.
15:10:08 19 It is.
15:10:09 20 MR. BROWNING: And there's Dallas Court of
21 Appeals directly on point, Your Honor, concerning that.
l5:10:13 22 THE COURT: Okay. So I can't. So I'm going to
23 do one last thing, though. See if you can reach an
24 agreement on the attorney's fees since it's too late to
25 overrule the motion for new trial; it can only be done by
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1 agreement. That's still a good agreement. If y'all
2 agree to it, then it doesn't matter. If you don't agree
3 to it, then it's too late.
15:10:43 4 Why don't y'all go back there and talk one last
5 time? This can be a win or it can be complete zero for
6 plaintiff.
15:10:53 7 MR. BROWNING: We've already reiterated the
8 offer, Your Honor.
15:10:56 9 THE COURT: They didn't know about the 81 days.
10 So go back one last time.
15:11:10 11 (A break was held.)
15:21:26 12 THE COURT: Where are we?
15:21:48 13 MR. BERENT: Do we have an agreement?
15:21:50 14 MS. PARKS: I didn't really get to talk to
15 you.
15:21:52 16 THE COURT: Come on up. I can't hear you back
17 there.
15:21:56 18 MS. PARKS: I was just answering that I really
19 didn't get a chance to talk to him to see what -- to see,
20 you know, what my parameters were, if that's something
21 that I had to sign off on.
!.5:22:06 22 THE COURT: All you have to do is say you accept
23 their modifying the judgment where there's no judgment
24 against you.
!.5: 22: 13 25 MS. PARKS: And then after that ...
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15:22:15 1 THE COURT: That's it, though.
15:22:17 2 MS. PARKS: Then there's no additional trial.
15:22:20 3 THE COURT: No, because you've run out of
4 time.
15:22:22 5 THE WITNESS: And why did I run out of time?
15:22:24 6 THE COURT: Because you're over 75 days on the
7 hearing for the motion for new trial.
15:22:28 8 MS. PARKS: And who sets the hearing? Did the
9 Court set the hearing?
15:22:32 10 THE COURT: I have nothing to do with that,
11 except for my clerks.
15:22:36 12 MS. PARKS: No, so why was it set after the 75
13 days?
15:22:39 14 MR. BERENT: Ms. Parks is concerned that I did
15 not set the hearing timely, and I'm trying to explain
16 that the clerk sets the hearing.
15:22:47 17 THE COURT: I didn't know about this issue. If
18 I had known about this issue, we could have set it
19 sooner, but I didn't know about it.
15:22:53 20 MS. PARKS: So, basically, I lost my case
21 because dates? And so my name, I don't get a fair trial.
22 The bank is representing Josh.
15:23:04 23 THE COURT: It is what it is. And so you want
24 to get rid of this judgment against you and just have the
25 case dismissed with prejudice or do you want a judgment
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1 against you? Those really are your two choices.
15:23:17 2 MS. PARKS: And neither one -- I've walked away
3 to two years. I've just let my whole life go.
15:23:23 4 THE COURT: I'm out of time. It's 3:20. You've
5 got to make your choice.
15:23:29 6 MS. PARKS: I just feel set up.
15:23:32 7 THE COURT: I can't help it.
15:23:35 8 MS. PARKS: I just feel set up.
15:23:38 9 THE COURT: I know you're not happy about this,
10 and I understand. But as the judge, I have to follow the
11 law. So you have to choose --
15:23:47 12 MS. PARKS: But are you supposed to let us go if
13 you know the other side?
15:23:53 14 THE COURT: What?
15:23:53 15 MS. PARKS: Didn't John Browning represent you
16 during your campaign?
15:23:57 17 THE COURT: No.
15:24:00 18 MS. PARKS: Are you sure? It was legal
19 services. Legal services that --
L5:24:06 20 THE COURT: It ended up I didn't use him.
L5:24:09 21 MS. PARKS: Oh, but you still paid him $3,000?
L5:24:12 22 THE COURT: No.
L5:24:13 23 MR. BROWNING: No.
L5:24:13 24 MS. PARKS: It's an expenditure.
L5:24:15 25 THE COURT: I did not.
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15:24:16 1 MS. PARKS: It's an expenditure. Did you do
2 an amendment?
15:24:19 3 MR. BROWNING: Judge, I don't think this is
4 relevant to anything.
15:24:26 5 MS. PARKS: I just feel set up.
15:24:29 6 THE COURT: I'm going to tell you, you've got
7 one minute.
15:24:34 8 MS. PARKS: Here it says -- did you do an
9 amendment on there, on one of your expenditures where you
10 paid John Browning $3,000 in 2013? Jerry Alexander has
11 been contributing to your campaign since 1999.
15:24:49 12 MR. ALEXANDER: Yes, I have.
15:24:50 13 THE COURT: Attorneys are always allowed --
15:24:52 14 THE WITNESS: I'm just saying.
15:24:53 15 THE COURT: Okay. I have many -- if you wanted
16 to file a motion to recuse, that would have been fine,
17 too. But the time is over because the case is over.
15:25:03 18 And in the meantime
15:25:06 19 MS. PARKS: And you paid $250 --
L5:25:08 20 THE COURT: In the meantime, the one thing that
21 can happen in a campaign is attorneys are always allowed
22 to give money. And I take from plaintiff and defense
23 counsel, both sides.
L5:25:18 24 MS. PARKS: I understand.
L5:25:19 25 THE COURT: So what are you going to do?
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15:25:21 1 MS. PARKS: It says legal services.
15:25:23 2 THE COURT: Okay. This case is over, and I
3 guess there's going to be a judgment against you. Take
4 your pick. I'm trying to help you.
15:25:31 5 THE WITNESS: I wasn't prepared to take a pick
6 like this today.
15:25:34 7 THE COURT: I'm trying very hard to help you. I
8 really am.
15:25:39 9 MS. PARKS: I don't think I was given a fair
10 trial. I'm sorry. I'm human. This is why this world is
11 like this. No one gets justice in this system. I'm
12 sorry, I'm just a product of corruption at this point. I
13 just feel like there's some things that were going on and
14 some things that have been said --
L5:25:57 15 THE COURT: If you don't choose, then you're
16 making a choice.
L5:26:00 17 MS. PARKS: But I wasn't prepared to make a
18 choice like this today.
L5:26:03 19 THE COURT: You don't have a choice. If you
20 don't choose because I doubt if they're going to keep
21 this offer open outside of walking through that door. If
22 you don't choose~ then it can't be modified because they
23 have to agree to modify it. And they're agreeing to wipe
24 out the judgment against you, which is incredibly
25 generous.
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15:26:23 1 And if you don't choose, I have no jurisdiction
2 to do anything. I can't do anything in this case because
3 the time has expired. I can accept a modification by
4 agreement. That's all I can do.
15:26:37 5 THE WITNESS: And what is "a modification by
6 agreement"?
1.5:26:39 7 THE COURT: I have no authority.
15:26:40 8 MR. BERENT: A modification by agreement would
9 be they drop all of their claims for attorney's fees and
10 no judgment is entered against you.
L5:26:48 11 MS. PARKS: And still I never got to have a fair
12 trial.
L5:26:52 13 MR. McCARTHY: May I, Your Honor?
L5:26:54 14 THE COURT: Okay.
L5:26:54 15 MR. McCARTHY: Craig McCarthy for Affiliated
16 Bank.
L5:26:56 17 All previous offers as to modification of
18 judgment, forgiveness of attorney's fees on the order
19 that's been entered by this Court, are withdrawn.
_5:27:03 20 THE COURT: Okay. That's the end of the case.
_5:27:07 21 MR. HANSEN: Same for Campbell.
_5:27:10 22 MR. BROWNING: May we be excused~ Your Honor?
23 THE COURT: If they walk through that door,
24 that's it. So you better make up your mind by the time
25 it takes them to walk out that door.
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15:27:21 1 MS. PARKS: But I don't even know what my --
15:27:26 2 THE COURT: Walk slowly.
15:27:28 3 MR. ALEXANDER: Thank you, judge.
15:27:29 4 MR. BROWNING: Thank you, Your Honor.
15:27:30 5 MS. PARKS: Can you give me a second? I've been
6 dealing with this for two years. This is my livelihood.
7 Do you not mind giving me one second -- giving me a
8 second to think about this?
15:27:40 9 MR. ALEXANDER: We gave you plenty of time.
15:27:41 10 MS. PARKS: How, if this just came on my table?
15:27:44 11 You are cruel. This is gross. This is my life.
12 This is my kids' life. Give me a fricking second. I'm
13 sorry.
15:27:51 14 THE COURT: You had a second.
15:27:53 15 MS. PARKS: But I haven't had a chance to
16 talk.
15:27:55 17 THE COURT: You've said all you want to say.
18 There's nothing else for me to decide.
15:28:00 19 MS. PARKS: Can I just have a second so I can
20 talk to my dad for a second?
15:28:04 21 THE COURT: No. Their offer, they've withdrawn
22 it.
15:28:09 23 MS. PARKS: Can I not get a second to talk to my
24 dad? Will they not give me that?
15:28:14 25 THE COURT: He wasn't here for this discussion.
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1 I doubt they want to repeat it.
_5:28:18 2 MS. PARKS: I don't need them to repeat it. I
3 would just like to speak to him.
_5:28:23 4 THE COURT: I'm leaving.
.5:28:25 5 MS. PARKS: Is all this on record?
.5:28:26 6 THE COURT: Yes, it's on record.
.5:28:28 7 MR. BERENT: Guys, can you give us two seconds,
8 seriously?
.5:28:31 9 MR. McCARTHY: With all due respect to all the
10 parties involved, the time that has been offered today
11 already is more than should have been needed to make this
12 decision. And we've given plenty of opportunities for
13 this sort of thing to happen in the past, and, frankly,
14 we've just hit the end of our patience. The offer is
15 withdrawn, and there's really nothing else to discuss.
5:28:51 16 THE COURT: I ask you, as the judge of this
17 court, having listened to y'all the last two hours, if
18 you would give her about one minute.
5:29:00 19 MR. McCARTHY: We would be happy to do that,
20 Your Honor.
5:29:03 21 THE COURT: Okay.
5:29;05 22 { P.au.se)
5:29:05 23 THE COURT: What did you decide?
5:31:22 24 MR. BERENT: I believe we have an agreement,
25 Your Honor.
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_5:31:27 1 MR. BROWNING: Your Honor, it's our
2 understanding Ms. Parks has agreed to accept the generous
3 offer for the defendants to forego their -- for seeking
4 attorney's fees that's currently reflected in the
5 judgment that the Court signed March 24, in exchange for
6 full waiver of any appeal or further filings, release of
7 both Mr. and Mrs. Campbell and Affiliated bank.
.5:31:58 8 MR. BERENT: I guess it's just the order stands,
9 absent the attorney's fees .
.5:32:01 10 THE COURT: There will be no judgment otherwise.
11 There will just be a dismissal order with prejudice.
5:32:06 12 MR. BROWNING: And, Your Honor, I've summarized
13 it, but I would ask the Court to ask Ms. Parks to
14 indicate her agreement with this on the record.
5:32:14 15 THE COURT: I will, through you.
5:32:18 16 MR. BERENT: Just so I'm clear, it's going to be
17 a dismissal with prejudice.
5:32:22 18 THE COURT: Right.
5:32:22 19 MR. BERENT: With no fees.
5:32:25 20 MR. HANSEN: And Ms. Parks, by her verbal assent
21 here today, is giving a full and complete release of
22 Affiliated and the Campbell.s of any and all claims that
23 she has brought or
5:32:34 24 THE COURT: Well, kind of it's done if she says
25 so on the record. So you're probably not going to get a
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1 written release.
L5:32:39 2 MR. HANSEN: It doesn't have to be written.
~5:32:41 3 MR. BROWNING: We would like her verbal
4 acknowledgment of this on the record.
_5:32:44 5 MS. PARKS: That I'm not going to come back
6 after you?
_5:32:47 7 THE COURT: No, you can't because it's with
8 prejudice. They complicated things with their
9 legalese.
_5: 32:56 10 MR. BERENT: What their offer is having --
.5:33:00 11 THE COURT: Everybody goes their way, and y'all
12 stay away from each other, but they drop the judgment
13 against you .
. 5:33:07 14 MR. HANSEN: That's correct.
.5: 33: 13 15 THE COURT: That's all you have to agree to.
.5:33:17 16 MR. BERENT: There will be no judgment against
17 you. I'm not telling you what to do. I'm not pressuring
18 you. It's your decision.
5:33:40 19 MS. PARKS: I'm set up.
5:33:43 20 THE COURT: You accept?
5:33:46 21 MS. PARKS: I was set up.
5:33:46 22 MR. BERENT: Do you .accept the deal? That's
23 what they want to know. That's what the judge wants to
24 know.
5:33:54 25 MS. PARKS: My name is ruined.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 22 of 27
_5:33:57 1 THE COURT: They did send in that order based on
2 Rip Off where they had to stop. It has to come off. Did
3 it?
.5: 34: 05 4 MS. PARKS: It doesn't. It won't. It will not
5 come off .
. 5:34:09 6 THE COURT: It will because there's a court
7 order.
.5:34:11 8 MS. PARKS: No, it will not .
. 5:34:12 9 MR. BROWNING: Your Honor, they represented that
10 she had agreed to that term. We simply want a verbal
11 assent.
5:34:16 12 THE COURT: Do you agree?
.5:34:19 13 MS. PARKS: But it will not come off. It
14 absolutely --
5:34:22 15 THE COURT: You're not a lawyer, and there are
16 repercussions if they don't.
5:34:25 17 MS. PARKS: No, but I'm saying Rip Off Report
18 will not remove it even with a court order.
5:34:29 19 THE COURT: Let me say one last thing. Bear
20 with me here.
5:34:33 21 If they violate this court order, then if you
22 went to trial against the defendant.s and you won, you
23 still couldn't stop this problem you have from Rip Off.
24 So there's nothing to gain by suing them--
5:34:50 25 MS. PARKS: Damages.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
JL JlllUU 1M
Page: 23 of 27
L5:34:51 1 THE COURT: -- because if Rip Off doesn't obey
2 my court order. So we're back to the same spot. They
3 have a court order. They have to take i t dovm. If they
4 don't, then talk to your attorney about what we can do
5 after that.
_5:35:08 6 MR. BROWNING: Your Honor, not to belabor the
7 point --
~5:35:12 8 MS. PARKS: You don't care about me. I'm just a
9 black person in your courtroom. You don't care about
10 me.
_5:35:19 11 THE COURT: What are you going to do? Are you
12 going to dismiss it with prejudice or not?
.5:35:23 13 MS. PARKS: I just need a second. Can I just
14 have a second?
.5:35:28 15 THE COURT: No, I'm going to leave. I'm going
16 to hit that door and not come back .
. 5:35:32 17 MS. PARKS: Whatever y'all want to do.
.5:35:34 18 (Simultaneous speakers}
.5:35:35 19 THE COURT: If you don't say it on the record,
20 the judgment stands .
. 5:35:38 21 MS. PARKS: It's whatever you guys want.
5;35;41 22 THE COURT; I don't want a judgment against you.,
23 but I can't make that agreement for you .
. 5:35:41 24 MS. PARKS: You should have thought about that
25 before.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 24 of 27
L5:35:45 1 THE COURT: I can not make this agreement for
2 you. It's only one you can do.
~5:35:50 3 MS. PARKS: What if I wasn't here? I didn't
4 have to come, but my life is still important to me that
5 I -- you know, my livelihood and what I've worked for 42
6 years --
_5:36:00 7 THE COURT: Okay. I'm walking.
_5:36:02 8 MS. PARKS: Okay. Whatever you want.
_5:36:04 9 THE COURT: No. If you don't --
_5:36:07 10 MS. PARKS: Whatever you want. You're the
~·
11 judge.
.5:36:09 12 THE COURT: You know what? I don't get and will
13 not make that call for you. That is not my place.
. 5:36:16 14 MS. PARKS: I mean, you put me in this position .
15 I take it. I take it .
. 5:36:20 16 THE COURT: You take what?
.5:36:21 17 MS. PARKS: The deal. I'm being put on the
18 spot .
.5:36:24 19 THE COURT: I'm not offering you a deal .
.5:36:25 20 MS. PARKS: I've been threatened if I go to
21 sanction. You know, I've been threatened. I've been
22 t-old what t-o do. I haven't had the repre.sent.ation that I
23 wanted to have. You guys don't care about me .
. 5:36:36 24 I'll take it. I'm a prisoner in your courtroom.
25 I'm take it. I'll take whatever you guys want to
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 25 of 27
1 tricking give me.
L5:36:45 2 THE COURT: I don't want to give you anything
~5:36:46 3 MS. PARKS: You did. You signed a judgment
4 without even seeing the evidence that they presented.
_5:36:50 5 THE BAILIFF: You want to go to jail? Because
6 I'm about to put you in jail for disrespecting the
7 judge.
_5:36:55 8 MS. PARKS: I'm not trying to disrespect her.
_5:36:57 9 THE BAILIFF: Yes, you are. Lower your tone of
10 voice .
. 5:37:01 11 THE COURT: You either accept their offer now or
12 the judgment stands. I know what I would like for you,
13 but I can't choose. And the way you're phrasing it, it's
14 not good enough.
5:37:13 15 You either accept the deal or you say no. Take
16 your pick. Yes, I accept the deal, or, No, I want the
17 judgment against me.
5:37:22 18 MS. PARKS: I'm forced to accept the deal.
5:37:25 19 THE COURT: Forced, if you put that word in
20 there, it will not hold, and the judgment will stand
21 against you. I think. Because it will show coercion,
22 and then there'.s no agreement, and then it won't work.
5:37:36 23 MS. PARKS: I accept the deal.
5:37:39 24 THE COURT: Okay. Is that good enough for
25 everybody?
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 26 of 27
L5:37:45 1 MR. McCARTHY: Good enough for us, judge.
L5:37:45 2 MR. BROWNING: Yes, Your Honor.
~5:37:46 3 MR. HANSEN: Thank you, Your Honor.
. 5:37:48 4 THE COURT: You're welcome .
.5:37:49 5 MR. BROWNING: May we be excused, Your Honor?
.5:37:51 6 THE COURT: You may.
.5:37:52 7 (End of proceedings)
.5:37:52 8
.5: 37: 52 9
.5:37:52 10
.5:37:52 11
5:37:52 12
.5:37:52 13
5:37:52 14
.5:37:52 15
.5:37:52 16
5:37:52 1-7
.5:37:52 18
5:37:52 19
5:37:52 20
5:37:52 21
5~37~52 22
5:37:52 23
5:37:52 24
5:37:52 25
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 27 of 27
l5:37:52 1 STATE OF TEXAS
L5:37:52 2 COUNTY OF DALLAS
~5:37:52 3 I, Janet E. Wright, Official Court Reporter in and
4 for the County Court of Dallas County, Texas, County
5 Court at Law Number Three, State of Texas, do hereby
6 certify that to the best of my ability the above and
7 foregoing contains a true and correct transcription of
8 all portions of evidence and proceedings requested in
9 writing to be included in the Reporter's Record, in the
10 above-styled and -numbered cause, all of which occurred
11 in open court or in chambers and were reported by me.
.5:37:52 12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the
14 exhibits, if any, admitted by the respective parties.
.5:37:52 15 I further certify that the total cost for the
16 preparation of this Reporter's Record is $100.00 and was
17 paid by Ms. Parks .
. 5:37:52 18 WITNESS MY OFFICIAL HAND this the 17th day of
19 June, 2016.
5:37:52 20
5:37:52 21 /s/ Janet E. Wright
5;37;52 22 JANET E~ WRIGHT~ Texa.s CSR #1532
.5~37~52 Expiration Date~ 12-31-17
5;37;52 23 Official Court Reporter
.5:37:52 County Court-at-Law No. 3
5:37:52 24 600 Commerce Street, Suite 585
5:37:52 Dallas, Texas 75202
5:37:52 25 214/653-7831
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Appendix 3
ACCEPTE
05-16-00784-C
FIFTH COURT OF APPEAL
DALLAS. TEXA
7/25/2016 11:43:22 AI
Park Realty Firm, LLC LISA MAT
CLER
214~980-8816
tonyaparks@parksrealtyfitm.com
FILED IN
5th COURT OF APPEALS
TonyaParks DALLAS, TEXAS
214-980-8816
7/25/201611:43:22AM
tonyaparks@parksrealtyfinn.com
LISA MATZ
Clerk
July 23,2016
Lisa Matz, Clerk
Fifth District Court of Appeals
600 Commerce Street. Suite 200
Dallas, TX 752021
214-712-3450
RE: Cause No. 05-16-00784-CV
Tonya Parks and Parks Realty Firm, LLC v. Affiliated Bank, Affiliated Bank FSB, Mfiliated
Bank FSB, Inc., BancAffiliated, Inc., Joshua Campbell and Katherine Campbell
Dear Ms. Matz:
I am the Appellant in the above-styled and number cause. My letter to you is intended to
point out certain facts pertinent to the Court's consideration of whether or not it has jurisdiction
over this matter.
First and with all due respect to the court:; I am appealing the Final Judgement signed by
Judge Sally Montgomery in the Dallas County Court-at-law No. 3 on March 24, 2016 and I am also
appealing the agreement I made in open court while I was put under duress because of the errors of
the officers of the court. These officers of the court also knowingly, willfully and intentionally
judicial water boarded me to make an agreement by inappropriately putting pressures on me and
giving unsuited influences that were not in my best interest for justice at the Hearing for the Motion
for New Trial on June 13,2016. I have attached hereto as Exhibit "A" the entire 27-page transcript
so that the Fifth Court of Appeals can read the entire coercion which took place to get the forced
agreement out of me. By reading the entire transcripts, not just the excerpts, given to you by John
Browning in his letter attached hereto as Exhibit ''B" on July 22, 2016 you will actually see that I was
influenced by the Court when there was no jurisdiction. I was threatened. I did not have proper legal
counsel protecting my best interest and the court acted upon that Jack of legal representation. I was
restrained &om to speaking with my father to help me make a decision and fully understand my
rights who was sitting in the hallway of the court room because Judge Montgomery got on him for
shaking his head in his seat by telling him that ''you're putting your daughter at risk by getting dug in
on a position when I, as the Court, say this is what could occur, and it could. So don't be dug in on
this thing." (Exhibit "A" pages 8-9) He figured he would sit in hall because he felt it would be in
mine and his best interest because if he ever shook his head disagreeing to something she or the
Defendants were saying, she would hold him in contempt or it could hru:m my case even more. I
needed to speak with him because I did not fully understand my rights and I felt forced to make a
decision I was not prepared to make or fully understood what was going on and what kind of deal
the court was wanting me to accept I did not voluntarily or willingly make any agreement, I was
forced and coerced by the court and it was premediated by having an outrageous judgement of over
$100,000 in attorney fees for a motion to dismiss. This judgement was built from elevated attorney
fees for a 1 hearing lawsuit that was used to railroad me out of court which is why I say it was
"premediated" and "coerced".
In reading the transcript Exhibit "A" page 4, you will also read that the court admitted that she did
not properly handle the Attorney fees for which the judgement was rendered on March 24, 2016.
Due to prejudices and biases of the court, you will also read on pages 14-16 of Exhibit "A" that
there was a conflict of interest between Judge Sally Montgomery, John Browning and Jerry
Alexander. In the transcript, I shared with the court my feelings that I was "set up" and my findings
were Judge Sally Montgomery paid John Browning for legal services during her campaign in 2013,
2014 and 2015. On those pages you will read were Judge Montgomery says "no" and "I did not",
John Browning says "no" and 'judge, I don't think this is relevant to anything". Once I started
walking to my file to get the campaign records Judge Montgomery says, "I ended up I didn't use
him". I have attached hereto as Exhibit "C" the campaign record I was reading to the. court during
the hearing for your refe.rence. The Judge then states, "if you wanted to file a motion to .recuse, that
would have been fine, too, but the time is ove.r because the case is ovet'. Jerry Alexander and
Passman & Jones have been contributing to her campaign since 1999 as far as I can see from my
investigation. I did not see this connection between the Judge and the Lawyers until afte.r her
judgement ruling. Due to my faith, I felt like something was going on between the 6 Defendant
Lawye.rs and the Judge. I just couldn't believe what took place so I started looking through he.r
campaign records which I found online, did an open .record report and ordered some from the Ethic
Commissions going back to 1999. This is where I saw the paid Expenditures to John Btowning and
the long history of Contributions from J en:y Alexander and Passman & Jones Law Finn. I did
communicate this with my previous attorney Jason Berent to inform the court prior to filing my
Motion for New Trial I also asked my previous attorney to Recuse Judge Sally Montgomery on
March 22, 2016 at 5:08 pm by email before the judgement was signed because I had a strange feeling
by her actions/behavior in the court that there was some kind of connection between her and the
Defendants/Appellees Lawye.rs. Mr. Berent did not prompdy do so. Judge Sally Montgomery said I
could have recused her, but she should have properly recused he.rself because of her history with Mr.
Browning so that there could not be any kind of perceived thought that there could' be a conflict of
interest between them. Also, when I made the Court aware of my findings, she should have
properly admitted to her relationship without denying their previous business relationship and
history as a possible client Gudge Sally Montgomery) and Lawyer Gohn G. Browning) relationship.
IfJudge Sally Montgomery did not end up using Mr. Browning, then I have not found where she
ever filed any amendment removing those expenditures for any of the yea.rs listed above. Novembe.r
27, 2013 she paid Mr. Browning $3,000.00 for Legal Media Services on February 14, 2014 she paid
Lewis Brisbois Bisgaard & Smith, ILP which is where Mr. Browning was managing partner $240.00
for Consulting Expenses Media and on May 30, 2015 she paid the same firm for Mr. Browning
$300.00 for Legal Services Media Consulting. I have also hereto attached in Exhibit "D" a print out
of the Texas Bar College showing John G. Browning being a managing partner with Lewis Brisbois
Bisgaard & Smith, ILP.
From reading the transcript, I pray that you will see that I did not have proper legal counsel and the
court did not schedule my hearing timely. I lost my right to have a new trial because the hearing was
held outside of my 75-day window. You will read that Judge Sally Montgomery had me (1 women)
and all the legal counsel (6 men lawyer -1 my lawyer and the 5 defendants' /appellees' lawye.rs) go in
a private room to make an agreement to dismiss the case with prejudice and they would remove the
judgement On pages 5 and 10 of Exhibit "A" you will see that I did not agree either time. You will
also see on page 10 where the Judge says, "Okay. I'm going to grant the new trial as to Affiliated
Bank". With the Defendants'/Appellees' lawyers failing two attempts to petSUade me to dismiss the
case and hearing the Judge stating she was going to "give me a new trial" then
Defendants'/Appellees' Lawyers bring up the point that the case was held outside of the 75-day
window. My previous Lawyer Jason Berent blamed the court clerk for this error per his comment
on page 13 of Exhibit "A" where he says to the court, "Ms. Parks is concerned that I did not set the
hearing timely, and I'm ttying to explain that the clerk set the hearing''.
I hope that Fifth District Court of Appeals will see that the errors within the court and my lawyer's
negligence were not my fault I pray that you will allow my appeal to go through so that I can get
justice for the harm Affiliated Bank and their employees have cause me. Along with the
manipulation of the court to persuade me into agree to something in open court that was not in my
best interest for the sake of my name and my company that has been ruined by the defamatory
posting.
I pray that you will see that I was influenced / coerced by the court to make an agreement I did not
and do not agree with. I hope you will see that the Judge was holding a one-sided mediation in
favor of the Defendants/Appellees when she did not have jurisdiction.
I know I have filed this appeal pro se on the behalf of myself and my company Parks Realty Finn,
lLC where I am the registered agent, I will assign an attorney for Parks Realty Finn, LLC if
necessary by the court I had to release my previous attorney Jason Berent because of multiple
errors that were not my fault I did request for my previous attorney to file my Notice of Appeal on
June 15, 2016 after the hearing on June 13, 2016 which would have been within my 90-day window
from Judgement rendered on March 24, 2016. Mr. Berent did not timely do so which led me to
have to look for additional counsel during an upcoming 4th ofJuly holiday. I have attached hereto
Exhibit "E" to show Mr. Berent did not officially or timely .remove himself until July 7, 2016, but he
back dated the withdrawal to June 27,2016. This was an additional tO-day interfe.rence from me
getting justice fo.r myself and my company. I hope and pray that you will not hold the negligence's
of the officers to the court to interfere with me getting justice.
I have also attached hereto Exhibit "F" the Affidavit from John B.towning filed in the Dallas County
Court on June 9, 2016 before the hearing held for my Motion for New Trial held June 13, 2013
which caused additional client to lawyer conflicts. Mr. Browning discussed a private conference
between him, Judge Sally Montgomery and my p.revious lawyer Mr. Berent. The Campbell's
Lawyers were not p.tesent fo.t this conference. During the confe.rence Judge Montgomery stated to
Mr. Berent that "she (the Judge) would not under any circumstances entertain any Motion for New
Trial that did not specifically dismiss all causes of action against Affiliated Bank". I was not
informed of this conference so I was completely surprised when I saw Mr. Browning's affidavit In
his affidavit filed in the court, Mr. B.rowning also speaks about the errors and omissions of my
previous lawyer Jason Berent. These comments and/ or accusation caused additional conflicts and
trust issues between me and my attorney. Mr. Browning attempt to expose my previous lawyer
Jason Berent in a negative way, I feel caused him amongst other things negative tension and trust
issues between me and my previous Lawyer Jason Berent which would explain why he did not do or
say anything in my favor/ defense to stop the dismissal and abuse of the officers of the court on
June 13,2016. You will read in the transcript Exhibit "A" that Mr. Berent did not say anything in
my defense. All of the communication was reflected to me to coerce me to accept something in
open court The word "appeal" was never said by anyone so this is one reason why I thought I still
had the right to appeal my case.
The officers of the court saw me ct:ying, saw how my hands were shaking and heard my voice
quivering because I was very nervous and scared they would sanction me, find some reason to take
me to jail or take everything I have and have worked so hard for a way to pay the ridiculous
judgement based off of prejudices and biases. You will read, that the Judge and the other 5 men
lawyers would give the offer, withdraw the offer, give me 60 second to think about it, the Court told
the lawyer to walk slowly to the door to give me a chance to think about their offer and she would
say she was leaving because my case was over. I was being played and taunted by all of the officers
of the court. It was like mental ..rape"- "gang raped" of my constitutional right and everyone in that
court room got a piece of me when they knew I was saying and wanting to say "no" and would have
said "no" if I fully understood my rights. They confused me by saying I only had two options, I had
lost my right to a new trial, saying things like "either you have a judgement or you don't'' and the
Judge influences by saying "I don't want you to have a judgment'' and her saying "the case is over".
I did not know that by agreeing I would lose my right to appeal. I thought I just lost my right for a
new trial in that court with her as the Judge, but I didn't realize until after the hearing that my forced
acceptance could rule out my right to appeal. I pray that the Fifth Court of Appeals will not hold
that against me and will not allow the corrupted prejudices and biases that took place in Judge Sally
Montgomery's court room.
Judge Sally Montgomery is an elected official by the public who is not allowed to make a decision
without viewing evidence and make ruling based off of her own connections outside of the court.
She is not to misuse her power to influence her decisions which could cause intentional harm to
another party in the case. She is not allowed to show prejudices and biases.
In regards to Mr. Browning related notes in his letter attached hereto as Exhibit "B,,, I would like to
state the court ultimately initiated Affiliated Bank, FSB, Affiliated Bank FSB, Inc., Bancaffiliated,
Inc., and Katherine Campbell to be nonsuited as Defendants/Appellees from the case along with a
previous communication between attomeys - I did not agree with. From the electronic transcripts
filed on July 11, 2016 in the appeals court by Janet Wright you can view the transcript on March 21,
2016 to read that communication. Those Defendants/Appellees were nonsuited without prejudice,
but if any evidence was found, I as the Plaintiff/Appellant, could bring them back into the case.
Plus, the nonsuit was done before the Judge could see any evidence showing these parties
involvement because my ptevious lawyer had not timely uploaded my response and othet evidence
into the court records so that the Judge could properly make an evidence driven decision. This is
why we had to do a motion for continuance for the next day to give my previous lawyer Jason
Berent rime to get everything uploaded in the system and prepare her case notebook.
So that I can have my fair chance in court, I have timely previously paid for the transcripts which
were electronically file July 11, 2016 and I have timely paid for the court clerks records on July 22,
2016 which should have been filed in the court of appeals on the due date ofJuly 22,2016. I have
attached hereto as Exhibit "G', the receipt from the Dallas County Clerks showing I have paid for
the records.
I was not allowed to have my fair chance in court. I ask that the Fifth District Court of Appeals
read what really took place in the Judge Sally Montgomery Dallas Court-at Law No.3 court room
and allow me to have my fair day in court because I do have evidence that will link the bank to the
Campbell's. I can also show that Affiliated Bank is representing the Campbell's as I state on page 13
of Exhibit «A» transcripts. I also have evidence within the electronic court clerk :filings on July 22,
2016 that shows in Joshua. Campbell deposition filed in my response on March 21, 2016 where he
states Affiliated Bank had appointed his legal counsel. You will also be able to read in the electronic
court filing of my Motion for New Trial to see other errors upon the court. I can also show that
Affiliated Bank which is a Federal Banking Institution hired a loan officer, Joshua Campbell, who
has been convicted for 2 felonies withln the Dallas County Criminal Courts and then they hire a
large defense team to get him dismissed from this case which interned dismissed the entire case and
the liabilities from any Defendants/Appellees.
Because of my experiences within the Dallas County Court system, I pray that you do not get
influenced or persuaded by John Browning's half-truths in his letter Exhibit "B" sent to you and
filed on July 22,2016 at 4:12pm and I pray that you have read my entire letter, read the entire
transcript and saw my additional evidence I have provided so you can see and fottn your own
opinion. I pray that you will see how I was not allowed to use my constitutional right to have a fair
and unbiased trial. This experience has and will forever be my nightmare! All! did was stood up for
my clients as my fiduciary duties owed to them when their loan officer was making errors that had
cost them money they did not have and could cause them to lose their 2nd dream home while
working with Affiliated Bank to get a mortgage. By me standing up for someone else caused the
Appellees to retaliate against me. They then allowed their Lawyers to bully me and manipulate the
court system by using their Lawyers connections within the court to railroad me out of court which
violated my constitutional rights.
What has happened to me throughout this process is proof of why this world is headed for disaster
'because the peopleJn this world are listening and seeing what is really happening. This world is
fixed with individual misusing their powers they are elected and hired to do because of prejudices
and biases from it being personal/business relationships to gender to ethnicities. We-The people are
getting tired because it is violating our constitutional rights that we-the people and our ancestors
have/had fought so hard to achieve.
I know I have asked this multiple times, but I pray that you and the Fifth Court of Appeals will take
a stand to make a change m the system to stop this corruption that has taken place m the Dallas
County Court-at-Law No. 3. Please do not tum a blind eye to this situation the court has placed me
in. Please help me to get my fair day m court so that I can get the damages that I am deserved
because the loss of mcome and mental stress Affiliated Bank and their employees has caused mel!
Respectfully submitted,
Y}- \oy Po::~\. . . .
Tonva Parks
Prose
214-980-8816
Page: 1 of 27
09:53:34 1 REPORTER'S RECORD
09:53:34
09:53:34 2 VOLUME 1 OF 1
09:53:34 3 TRIAL COURT CAUSE NO. 15-04540-C
09:53:34 4 TONYA PARKS, PARKS REALTY ( IN THE COUNTY COURT
09:53:34 FIRM, LLC, (
09:53:34 5 (
09:53:34 Plaintiff, (
09:53:34 6 (
09:53:34 vs ( AT LAW NO. 3
09:53:34 7 (
09:53:34 AFFILIATED BANK, (
09:53:34 8 AFFILIATED BANK FSB, (
09:53:34 AFFILIATED BANK FSB, INC., (
09:53:34 9 BANCAFFILIATED, INC., (
09:53:34 JOSHUA CAMPBELL and (
09:53:34 10 KATHERINE CAMPBELL, (
09:53:34 (
09:53:34 11 Defendants. ( DALLAS COUN.TY, TEXAS
09:53:34 12
-'1:53:34 13
09:53:34 14 MOTION FOR NEW TRIAL
09:53:34 15
09:53:34 16
09:53:34 17
09:53:34 18
:J9:53:34 19
)9:53:34 20
.' )9:53:34 21 On the 13th day of June, 2016, the following
22 proceedings came on to be heard in the above-entitled and
23 numbered cause before the-Honorable Sally L. Montgomery,
24 Judge presiding, held in Dallas, Dallas County, Texas:
)9:53:34 25 Proceedings reported by machine shorthand.
~
r···· /l.
..
Janet E. ··wr:l!ght (
Official Court Reporter - County Court At Law !
214/6~3-7.83:~
'... - ..l
Page: 2 of 27
09:53:34 1 A P P E A R A NC E S
09:53:34 2 JASON M. BERENT
09:53:34 SBOT NO. 24027143
09:53:34 3 Berent Law Firm PLLC
09:53:34 5600 Tennyson Parkway, Suite 310
09:53:34 4 Plano, Texas 75024
09:53:34 214/692-5800
09:53:34 5 ATTORNEY FOR PLAINTIFF
09:53:34
09:53:34 6
09:53:34
09:53:34 7 GINO J. ROSSINI
09:53:34 SBOT NO. 24007953
09:53:34 8 CHRISTOPHER HANSEN
09:53:34 SBOT NO. 00790818
09:53:34 9 Hermes Law, PC
09:53:34 2001 N. Lamar Stret, Suite 450
09:53:34 10 Dallas, Texas 75202
09:53:34 214/749-6512
09:53:34 11 ATTORNEYS FOR DEFENDANTS JOSHUA AND KATHERINE CAMPBELL
09:53:34
09:53:34 12
09:53:34
~"~q:53:34 13 JOHN G. BROWNING
:53:34 SBOT NO. 03223050
09:53:34 14 JERRY ALEXANDER
09:53:34 SBOT NO. 00993500
09:53:34 15 Passman & Jones
09:53:34 2500 Renaissance Tower
09:53:34 16 1201 Elm Street
09:53:34 Dallas, Texas 75270
09:53:34 17 214/742-2121
09:53:34
09:53:34 18 GREGORY J. McCARTHY
09:53:34 SBOT NO. 13367500
09:53:34 19 Attorney at Law
89:53:34 2222 Patterson Place
:)9:53:34 20 Arlington, Texas 76102
:)9:53:34 214/448-7154
)9:53:34 21 ATTORNEYS FOR DEFENDANTS AFFILIATED BANK
J9:53:34
J9:53:34 22
J9:53:34
)9:53:34 23
)9:53:34
J9:53:34 24
J9:53:34
)9:53:34 25
)9:53:34
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u9:53:34 1 INDEX
09:53:34 2 JUNE 13, 2016 PAGE
09:53:34 3 Announcements. . 4
09:53:34 4 Proceedings. . 4
09:53:34 5 Court Reporter's Certificate . 26
09:53:34 6
09:53:34 7
14:01:00 8
14:01:00 9
14:01:00 10
14:01:00 11
14:01:00 12
1 4:01:00 13
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14:01:00 16
14:01:00 17
14:01:00 18
14:01:00 19
14:01:00 20
14:01:00 21
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14:01:00 24
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14:01:00 1 P R 0 C E E DI N G S
14:01:00 2 THE COURT: 15-4540 Tonya Parks, Parks Realty
3 Firm, LLC, versus Affiliated Bank, et al.
14:01:10 4 Go ahead and state your names for the record.
14:01:14 5 MR. BERENT: My name is Jason Berent, The Berent
6 Law Firm. I'm here representing the plaintiffs, Tonya
7 Parks and Parks Realty Firm, LLC.
14:01:27 8 MR. BROWNING: John Browning and Jerry Alexander
9 on behalf of Affiliated Bank, Your Honor.
14:01:35 10 MR. HANSEN: Your Honor, Chris Hanson and Gino
11 Rossini on behalf of Joshua Campbell and Katherine
12 Campbell.
1
4:01:44 13 (Off the record)
14:02:09 14 THE COURT: Motion for New Trial brought by
15 plaintiff. I read a lot of this. Let's talk about
16 Affiliated Bank first.
14:02:34 17 No, they didn't have their own motion pending at
18 the time of the hearing. And the issue of attorney fees.
19 was not fully discussed, I would agree. At the same
20 time, the evidence was pretty clear that they were in no
21· way, shape, or form involved with Campbell and Campbell's
22 decision to post
14:03:08 23 If I were to grant a new trial on the attorney
24 fee issue, any of it, but your pleadings are such as they
25 are where it's clear that there is no linkage between the
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1 bank and their employee, you might be faced with a motion
2 for sanctions for bringing a frivolous case. And then
3 you have additional problems versus the current problems.
14:03:54 4 So I'm going to let you two go talk about that,
5 see if you all can resolve something.
14:04:00 6 We're going to do that right now.
14:04:07 7 MR. BERENT: Where would you like to us visit,
8 Your Honor?
14:04:09 9 THE COURT: Conference room.
14:38:45 10 (A break was held.)
14:38:46 11 THE COURT: Okay. Where are we?
14:38:55 12 MR. BROWNING: We couldn't arrive at any
13 agreement with regard to Affiliated Bank, Your Honor.
i4:39:00 14 MR. BERENT: That's accurate, Your Honor.
14:39:02 15 THE COURT: Let me say this. What were the
16 attorney fees on that that the bank was awarded?
14:39:14 17 MR. BROWNING: 27,000 and change, Your Honor. I
18 can get it.
14:39:17 19 THE COURT: That's close enough.
14:39:24 20 I have thought to myself that -- just throw this
21 thought out there -- if that was dropped by 10 or 11,000
22 dollars, it might make it more palatable for both sides.
23 And, in the meantime, there's been an order.
14:39:48 24 MR. BROWNING: Rip Off Report, Your Honor.
14:39:48 25 THE COURT: So to grant an entire new trial when
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1 there's already been compliance is a concern of the
2 Court's.
14:40:01 3 So you want to discuss that between the
4 attorneys first? At least as to Affiliated for starters.
14:40:16 5 MR. McCARTHY: Your Honor, for Affiliated we're
6 in a position what we would prefer doing and have made
7 abundantly clear is that we would like for this to be
8 over as to us, and we're willing to make the entire thing
9 ove.r as to us.
14:40:30 10 That doesn't seem to suit the plaintiff, and so
11 I don't have any place else to go.
14:40:39 12 THE COURT: I don't know what y'all have
13 discussed, of course, back in the back. If Affiliated
14 what are you saying? You would be willing to drop all
15 the attorney fees just to make it go away? That is an
16 incredibly generous offer.
14:40:52 17 MR. McCARTHY: I thought so, too.
14:40:54 18 MR. BROWNING: We have made that, Your Honor.
19 That was before the motion for new trial was filed --
14:40:58 20 THE COURT: Are you serious?
14:40:59 21 MR. BROWNING: Yes, Your Honor. We did not want
22 the Court to have to be burdened with this exercise, nor
23 did we think it would be in the best interests of any of
24 the parties. That's why we agreed or made the offer that
25 we would not seek our attorney's fees.
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14:41:12 1 THE COURT: Let me ask you this question. In
2 your briefing on the motion to dismiss, okay, that was
3 brought by the Campbells, you're saying without a
4 severance if I dismiss it as to the Campbells, it's
5 dismissed as to Affiliated? Are you sure about that case
6 law?
14:41:38 7 MR. BERENT: There is none.
14:41:39 8 MR. BROWNING: There is no case law, Your Honor.
9 The statute itself says dismissal of the legal action,
10 meaning the case in its entirety. Legal comment I site
11 the Court to in my response has said because of this,
12 because of this potential ambiguity, plaintiff's
13 attorneys responding to a motion to dismiss were faced
14 with this situation as to a nonspeech-related cause of
15 action if they assert multiple and alternative causes of
16 action, or sue more than one defendant, would be well
17 advised just to sever those causes of action so they're
18 not --
14:42:15 19 THE COURT: It would have to be free speech.
20 Well, it doesn't make any sense because if I dismiss free
21 speech, then everything else does go away. There's
22 nothing left.
14:42:25 23 MR. BROWNING: Your Honor, in fact, the things
24 they have alleged against the bank are related to the --
14:42:30 25 THE COURT: They're all related.
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14:42:30 1 MR. BROWNING: So, really, the motion to dismiss
2 the case in its entirety was proper. The Court's
3 granting of it was proper. And, frankly, we don't
4 understand, you know, any basis whatever.
14:42:41 5 The Court itself even directed plaintiff's
6 counsel when he --
14:42:45 7 THE COURT: I don't even want to go there with
8 that. But the fact of the matter is if you make the
9 attorney fees go away, that would be a really good deal
10 because, otherwise, without any evidence, you're looking
11 at a frivolous case. And I don't know where there would
12 be evidence, based on what I've heard. There may be
13 something else, but I don't know where any additional
14 evidence will come from because plaintiffs have
15 absolutely no insights as to the relationship between the
16 bank and the Campbells or Mr. Campbell, and they've been
17 real clear about it.
14:43:19 18 So, yes, sanctions would apply if this becomes a
19 frivolous case, which it looks like there's no way it
20 wouldn't.
14:43:26 21 MR. BROWNING: Right.
14:43:28 22 THE COURT: Now,: I don't know who you are,
23 sir.
14:43:35 24 MS. PARKS: T.lri-~, ;i.s my father.
14:43:36 25 THE COURT: O_kay. But he's shaking his he9,d no,
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1 and he's not a lawyer. And I'm known for trying to help
2 folks in here. And I don't say things in here, having
3 been doing this for 20 years, that are not a matter of
4 law.
14:43:51 5 And you're putting your daughter at risk by
6 getting dug in on a position when I, as the Court, say
7 this is what could occur, and it could. So don't be dug
8 in on this thing.
14:44:10 9 I'll give you five minutes to discuss it as to
10 Affiliated. That's it. Clock's ticking.
14:44:20 11 MR. HANSEN: Your Honor, we would point out,
12 too, with regard to the Campbells, we have also made that
13 same offer to Ms. Parks that we would not pursue the
14 attorney's fees previously
14:44:29 15 THE COURT: Well, they got the relief that they
16 sought, which is the order to Rip Off.
14:44:33 17 MR. HANSEN: And as the Court's already ruled,
18 you granted the motion to dismiss. Again, we would renew
19 that offer to them.
14:44:40 20 THE COURT: Okay. Five minutes.
14:44:42 21 MR. BROWNING: I think plaintiff's counsel and
22 his client need to discuss it.
14:44:46 23 THE COURT: You've got five minutes. Clock's
24 ticking.
L4:44:51 25 MR. BERENT: Would you like to join us?
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14:44:53 1 MR. BROWNING: We've reiterated our offer.
14:44:56 2 THE COURT: If he wants you to join him, he
3 will, but if not, that's fine, too. He'll do whatever
4 you want. So will Jerry Alexander.
14:45:04 5 MR. BERENT: I'll be in the jury room.
14:45:09 6 THE COURT: Do you want him or not? Anyone you
7 want will join you.
14:45:13 8 MR. BERENT: Does my daughter count?
14:45:15 9 THE COURT: No, your daughter should probably
10 stay here with me.
14:45:19 11 MR. BERENT: I would like to invite my client,
12 her father, and any lawyer that would care to discuss
13 matters in good faith.
14:45:28 14 THE COURT: If you want to name one, now would
15 be a good time. Who do you want?
14:45:30 16 MR. BERENT: John and Chris and Jerry.
14:45:36 17 (A break was held.)
15:08:38 18 THE COURT: Okay. So do we have any agreements?
L5:08:43 19 MR. BERENT: No agreements, Your Honor.
L5:08:46 20 THE COURT: Okay. I'm going to grant the new
21 trial as to Affiliated Bank.
L5:08:50 22 MR. HANSEN: Your Honor, there's one thing we
23 were just talking. And it appears that this hearing is
24 after the 75th day, and the motion for new trial has
25 already been overruled by operation of law, it looks
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1 like.
15:09:03 2 THE COURT: Has it?
15:09:06 3 MR. BROWNING: Yes, Your Honor.
15:09:06 4 MR. BERENT: I believe that's accurate, Your
5 Honor.
15:09:07 6 MR. HANSEN': The 75th day was June 7 following
7 the entry of the judgment in this case on March 24.
8 Therefore, as of June 8, it's overruled by operation of
9 law under Rule 329(b), ~ubpart E.
15:09:22 10 THE COURT: I know the rules. I just don't know
11 the dates.
15:09:25 12 MR. HANSEN: I'm sorry.
15:09:25 13 THE COURT: I entered it on March 24?
.L..:>:09:30 14 MR. HANSEN: Yes, ma'am .
15:09:31 15 THE COURT: And·the motion for new trial was
16 filed within 30.
15:09:34 17 MR. HANSEN: Yes, ma'am.
15:09:35 18 THE COURT: Okay. Hang on.
15:10:08 19 It is.
L5: 10:09 20 MR. BROWNING: And there's Dallas Court of
21 Appeals directly on point, Your Honor, concerning that.
15:10:13 22 THE COURT: Okay~ So I can't. So I'm going to
23 do one last thing, though .. · See if you can reach an
24 agreement on the attor-ney's fees since it's too late to
25 overrule the motion for new trial; it can only be done by
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1 agreement. That's st·ill.a good agreement. If y'all
2 agree to it, then it doesn't matter. If you don't agree
3 to it, then it's too late-
15:10:43 4 Why don't-' y:'a·ll ·go back there and talk one last
5 time? This can be a win or it can be complete zero for
6 plaintiff.
15:10:53 7 MR. BROWNING: We've already reiterated the
8 offer, Your Honor.
15:10:56 9 THE COURT: They didn't know about the 81 days.
10 So go back one last time.
L5:11:10 11 (A break was held.)
L5:21:26 12 THE COURT: Where are we?
L5:21:48 13 MR. BERENT: · D\ we have an agreement?
Lv:21:50 14 MS. PARKS:· I· dj.~'t really get to talk to
15 you.
.5:21:52 16 THE COURT: Come on up. I can't hear you back
17 there .
. 5:21:56 18 MS. PARKS: I was· just an~wering that I really
19 didn't get a chance to talk to him to see what -- to see,
20 you know, what my parameters were, if that's something
21 that I had to sign off on .
.5:22:06 22 THE COURT: All you have to do is say you accept
23 their modifying the judgment where there's no judgment
24 against you.
5:22:13 25 MS. PARKS: And then after that ...
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_.,):22:15 1 THE COURT: That's it, though.
15:22:17 2 MS. PARKS: Then there's no additional trial.
15:22:20 3 THE COURT: No, because you've run out of
4 time.
15:22:22 5 THE WITNESS: And why did I run out of time?
15:22:24 6 THE COURT: Because you're over 75 days on the
7 hearing for the motion· for new trial.
15:22:28 8 MS. PARKS: And who sets the hearing? Did the
9 Court set the hearing1
15:22:32 10 THE COURT: I have nothing·to do with that,
11 except for my clerks.
15:22:36 12 MS. PARKS: -No,. so why was it set after the 75
13 days?
..L..J:22:39 14 MR. BERENT: Ms. Parks is concerned that I did
15 not set the hearing timely, and I'm trying to explain
16 that the clerk sets the hearing.
15:22:47 17 THE COURT: I didn't know about this issue. If
18 I had known about this issue, we could have set it
19 sooner, but I didn't know about it.
15:22:53 20 MS. PARKS: So, basically, I lost my case
21 because dates? And so my name, I don't get a fair trial.
22 The bank is representing Josh.
15:23:04 23 THE COURT: It is what it is. And so you want
24 to get rid of this judgment against you and just have the
25 case dismissed with prejudice or do you want a j~dgment
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1 against you? Those really are your two choices.
15:23:17 2 MS. PARKS: And neither one -- I've walked away
3 to two years. I've just let my whole life go.
15:23:23 4 THE COURT: I'm out of time. It's 3:20. You've
5 got to make your choice.
15:23:29 6 MS. PARKS: I just feel set up.
15:23:32 7 THE COURT: I can't help it.
15:23:35 8 MS. PARKS: I just feel set up.
15:23:38 9 THE COURT: I know you're not happy about this,
10 and I understand. But as the judge, I have to follow the
11 law. So you have to choose --
15:23:47 12 MS. PARKS: But are you supposed to let us go if
13 you know the other side?
J...J!23:53 14 THE COURT: What?
15:23:53 15 MS. PARKS: Didn't John Browning represent you
16 during your campaign?
15:23:57 17 THE COURT: No.
15:24:00 18 MS. PARKS: Are you sure? It was legal
19 services. Legal services that --
15:24:06 20 THE COURT: It ended up I didn't use him.
15:24:09 21 MS. PARKS: Oh, but you still paid him $3,000?
15:24:12 22 THE COURT: No.
15:24:13 23 MR. BROWNING: No.
15:24:13 24 MS. PARKS: It's-an expenditure.
l5:24:15 25 THE COURT: I did not.
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.... :24:16 1 MS. PARKS: It' S~·an expenditure. Did you do
2 an amendment?
15:24:19 3 MR. BROWNING:: Judge, I don't think this is
4 relevant to anything.
15:24:26 5 MS. PARKS: I just feel set up.
15:24:29 6 THE COURT: I'm going to tell you, you've got
7 one minute·.
15:24:34 8 MS. PARKS: Here it says -- did you do an
9 amendment on there, on one of your expenditures where you
10 paid John Browning $3,000 in 2013? Jerry Alexander has
11 been contributing to your campaign since 1999.
15:24:49 12 MR. ALEXANDER: Yes, I have.
15:24:50 13 THE COURT: Attorneys are always allowed --
~..):24:52 14 THE WITNESS: I'm just saying.
15:24:53 15 THE COURT: Okay. I have many -- if you wanted
16 to file a motion to recuse, that would have been fine,
17 too. But the time is over because the case is over.
15:25:03 18 And in the meantime
15:25:06 19 MS. PARKS: And you paid $250 --
15:25:08 20 THE COURT: In.the meantime, the one thing that
21 can happen in a campaign is attorneys are- always allowed
22 to give money. And I take from plaintiff and defense
23 counsel, both sides.
15:25:18 24 MS. PARKS: I understand.
l5:25:19 25 THE COURT: So what are you going to do?
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J:25:21 1 MS. PARKS: It says legal services.
15:25:23 2 THE COURT: Okay. This case is over, and I
3 guess there's going to be a judgment against you. Take
4 your pick. I'm trying to help you.
15:25:31 5 THE WITNESS: I wasn't prepared to take a pick
6 like this today.
15:25:34 7 THE COURT: I'm trying very hard to help you. I
8 really am.
15:25:39 9 MS. PARKS: I don't think I was given a fair
10 trial. I'm sorry. I'm human. This is why this world is
11 like this. No one gets justice in this system. I'm
12 sorry, I'm just a product of corruption at this point. I
13 just feel like there's some things that were going on and
14 some things that have been said --
15:25:57 15 THE COURT: If you don't choose, then you're
16 making a choice.
15:26:00 17 MS. PARKS: But I wasn't prepared to make a
18 choice like this today.
15:26:03 19 THE COURT: You don't have a choice. If you
20 don't choose because I doubt if they're going to keep
21 this offer open outside of walking through that door. If
22 you don't choose, then it can't be modified because they
23 have to agree to modify it. And they're agreeing to wipe
24 out the judgment against you, which is incredibly
25 generous.
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1 ·And if you don't choose, I have no jurisdiction
2 to do anything. I can't do anything in this case because
3 the time has expired. I can accept a modification by
4 agreement. That's all I can do.
15:26:37 5 THE WITNESS: And what is "a modification by
6 agreement"?
15:26:39 7 THE COURT: I have no authority.
15:26:40 8 MR. BERENT: A modification by agreement would
9 be they drop all of their claims for attorney's fees and
10· no judgment is entered against you.
15:26:48 11 MS. PARKS: And still I never got to have a fair
12 trial.
15:26:52 13 MR. McCARTHY: May I, Your Honor?
l.J:26:54 14 THE COURT: Okay.·
l5:26:54 15 MR. McCARTHY: Craig McCarthy for Affiliated
16 Bank.
L5:26:56 17 All previous offers as to modification of
18 judgment, forgiveness of attorney's fees on the order
19 that's been entered by this Court, are withdrawn.
L5:27:03 20 THE COURT: Okay. That's the end of the case.
l5:27:07 21 MR. HANSEN: Same for Campbell.
L5:27:10 22 MR. BROWNING: May we be excused, Your Honor?
L5:27:12 23 THE COURT: ·rf they walk through that door,
24 that's it. So you better make up your mind by the time
25 it takes them to walk out that door.
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_ ... :27:21 1 MS. PARKS: But I don't even know what my --
15:27:26 2 THE COURT: Walk slowly.
15:27:28 3 MR. ALEXANDER: Thank you, judge.
15:27:29 4 MR. BROWNING: Thank you, Your Honor.
15:27:30 5 MS. PARKS: Can you give me a second? I've been
6 dealing with this for two years. This is my livelihood.
7 Do you not mind giving me one second -- giving me a
8 second to think about this?
15:27:40 9 MR. ALEXANDER: We gave you plenty of time.
15:27:41 10 MS. PARKS: How, if this just came on my table?
15:27:44 11 You are cruel. This is gross. This is my life.
12 This is my kids' life. Give me a fricking second. I'm
13 sorry.
~. .... :27:51 14 THE' COURT: You had a second.
l5:27:53 15 MS: PARKS: But !·haven't had a chance to
16 talk.
L5:27:55 17 THE COURT: You've ~aid all you want to say.
18 There's nothing else for me to decide.
L5:28:00 19 MS. PARKS: Can I just have a second so I can
20 talk to my dad for a second?
.5:28:04 21 THE COURT: No. Their offer, they've withdrawn
22 it.
.5:28:09 23 MS. PARKS: Can I not get a second to talk to my
24 dad? Will they not give me that?
.5:28:14 25 THE COURT: He wasn't here for this discussion.
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1 I doubt they want to repeat it.
15:28:18 2 MS. PARKS: I don't need them to repeat it. I
3 would just like to speak to him.
15:28:23 4 THE COURT: I'm leaving.
15:28:25 5 MS. PARKS: Is all this on record?
15:28:26 6 THE COURT: Yes, it's on record.
15:28:28 7 MR. BERENT: Guys, can you give us two seconds,
8 seriously?
15:28:31 9 MR. McCARTHY: With all due respect to all the
10 parties involved, the time that has been offered today
11 already is more than should have been needed to make this
12 decision. And we've given plenty of opportunities for
13 this sort of thing to happen in the past, and, frankly,
14 we've just hit the end of our patience. The offer is
15 withdrawn, and there's really nothing else to discuss.
l5:28:51 16 THE COURT: I ask you, as the judge of this
17 court, having listened to y'all the last two hours, if
18 you would give her about one minute.
L5:29:00 19 MR. McCARTHY: We would be happy to do that,
20 Your Honor.
.5:29:03 21 THE COURT: Okay.
.5:29:05 22 (Pause)
.5:29:05 23 THE COURT: What did you decide?
_5:31:22 24 MR. BERENT: I believe we have an agreement,
25 Your Honor.
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1 MR. BROWNING: Your Honor, it's our
2 understanding Ms. Parks has agreed to accept the generous
3 offer for the defendants to forego their -- for seeking
4 attorney's fees that's currently reflected in the
5 judgment that the Court signed March 24, in exchange for
6 full waiver of any appeal or further filings, release of
7 both Mr. and Mrs. Campbell and Affiliated bank.
15:31:58 8 MR. BERENT: I guess it's just the order stands,
9 absent the attorney's fees.
15:32:01 10 THE COURT: There will be no judgment otherwise.
11 There will just be a dismissal order with prejudice.
15:32:06 12 MR. BROWNING: And, Your Honor, I've summarized
13 it, but I would ask the Court to ask Ms. Parks to
14 indicate her agreement with this on the record.
15:32:14 15 THE COURT: I will, through you.
15:32:18 16 MR. BERENT: Just so I'm clear, it's going to be
17 a dismissal with prejudice.
15:32:22 18 THE COURT: Right.
15:32:22 19 MR. BERENT: With no fees.
15:32:25 20 MR. HANSEN: And Ms. Parks, by her verbal assent
21 here today, is giving a full and complete release of
22 Affiliated and the Campbells of any and all claims that
23 she has brought or
15:32:34 24 THE COURT: Well, kind of it's done if she says
25 so on the record. So you're probably not going to get a
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1 written release.
15:32:39 2 MR. HANSEN: It doesn't have to be written.
15:32:41 3 MR. BROWNING: We would like her verbal
4 acknowledgment of this on the record.
15:32:44 5 MS. PARKS: That I'm not going to come back
6 after you?
15:32:47 7 THE COURT: No, you can't because it's with
8 prejudice. They complicated things with their
9 legalese.
15:32:56 10 MR. BERENT: What their offer is having --
15:33:00 11 THE COURT: Everybody ·goes their way, and y'all
12 stay away from each other, but they drop the judgment
13 against you.
... ..J:33:07 14 MR. HANSEN: That's correct .
15:33:13 15 THE COURT: That's all you have to agree to.
15:33:17 16 MR. BERENT: There will be no judgment against
17 you. I'm not telling you what to do. I'm not pressuring
18 you. It's your decision.
15:33:40 19 MS. PARKS: I'm set ~p.
15:33:43 20 THE COURT: You accept?
15:33:46 21 MS. PARKS: I was set up.
15:33:46 22 MR. BERENT: Do you accept the deal? That's
23 what they want to know. That's what the judge wants to
24 know.
15:33:54 25 MS. PARKS: My na~e is ruined.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 22 of 27
_..J:33:57 1 THE COURT: They did send in that order based on
2 Rip Off where they had to stop. It has to come off. Did
3 it?
15:34:05 4 MS. PARKS: It doesn't. It won't. It will not
5 come off.
15:34:09 6 THE COURT: It will because there's a court
7 order.
15:34:11 8 MS. PARKS: No, it will not.
"15:34:12 9 MR. BROWNING: Your Honor, they represented that
10 she had agreed to that term. We simply want a verbal
11 assent.
15:34:16 12 THE COURT: Do you agree?
15:34:19 13 MS. PARKS: But it will not come off. It
14 absolutely --
15:34:22 15 THE COURT: You're not a lawyer, and there are
16 repercussions if they don't.
15:34:25 17 MS. PARKS: No, but I'm saying Rip Off Report
18 will not remove it even with a court order.
15:34:29 19 THE COURT: Let me say one last thing. Bear
20 with me here.
15:34:33 21 If they violate this court order, then if you
22 went to trial against the defendants and you won, you
23 still couldn't stop this problem you have from Rip Off.
24 So there's nothing to gain by suing them--
15:34:50 25 MS. PARKS: Damages.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 23 of 27
.1.J:34:51 1 THE COURT: -- because if Rip Off doesn't obey
2 my court order. So we're back to the same spot. They
3 have a court order. They have to take it down. If they
4 don't, then talk to your attorney about what we can do
5 after that.
15:35:08 6 MR. BROWNING: Your Honor, not to belabor the
7 point --
15:35:12 8 MS. PARKS: You don't care about me. I'm just a
9 black person in your courtroom. You don't care about
10 me.
15:35:19 11 THE COURT: ·What are you going to do? Are you
12 going to dismiss it with prejudice or not?
15:35:23 13 MS. PARKS: I just need a second. Can I just
14 have a second?
15:35:28 15 THE COURT: No, I'm going to leave. I'm going
16 to hit that door and not come back.
15:35:32 17 MS. PARKS: Whatever y'all want to do.
15:35:34 18 (Simultaneous speakers)
15:35:35 19 THE COURT: If you don't say it on the record,
20 the judgment stands.
15:35:38 21 MS. PARKS: It's whatever you guys want.
l5:35:41 22 THE COURT: I don't want a judgment against you,
23 but I can't make that agreement for you.
15:35:41 24 MS. PARKS: You should have thought about that
25 before.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 24 of 27
1.::>:35:45 1 THE COURT: I can not make this agreement for
2 you. It's only one you-can do.
15:35:50 3 MS. PARKS: What if I wasn't here? I didn't
4 have to come, but my life is still important to me that
5 I -- you know, my livelihood and what I've worked for 42
6 years --
15:36:00 7 THE COURT: Okay. I'm walking.
15:36:02 8 MS. PARKS: Okay. Whatever you want.
15:36:04 9 THE COURT: No. If you don't --
15:36:07 10 MS. PARKS: Whatever you want. You're the
11 judge.
15:36:09 12 THE COURT: You know what? I don't get and will
13 not make that call for you. That is not my place.
15:36:16 14 MS. PARKS: I mean, you put me in this position.
15 I take it. I take it.
15:36:20 16 THE COURT: You take what?
15:36:21 17 MS. PARKS: The deal. I'm being put on the
18 spot.
15:36:24 19 THE COURT: I'm not offering you a deal.
15:36:25 20 MS. PARKS: I've been threatened if I go to
21 sanction. You know, I've been threatened. I've been
22 told what to do. I haven't had the representation that I
23 wanted to have. You guys don't care about me.
15:36:36 24 I'll take it. I'm a prisoner in your courtroom.
25 I'm take it. I'll take whatever you guys want to
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 25 of 27
1 fricking give ·me.
15:36:45 2 THE COURT: I don't want to give you anything
15:36:46 3 MS. PARKS: You did. You signed a judgment
4 without even seeing the evidence that they presented.
15:36:50 5 THE BAILIFF: You want to go to jail? Because
6 I'm about to put you in jail for disrespecting the
7 judge.
15:36:55 8 MS. PARKS: I'm not trying to disrespect her.
15:36:57 9 THE BAILIFF: Yes, you are. Lower your tone of
10 voice.
15:37:01 11 THE COURT: You either accept their offer now or
12 the judgment stands. I know what I would like for you,
13 but I can't choose. And the way you're phrasing it, it's
14 not good enough.
15:37:13 15 You either accept.the deal or you say no. Take
16 your pick. Yes, I accept the deal, or, No, I want the
17 judgment against me.
15:37:22 18 MS. PARKS: I'm forced to accept the deal.
15:37:25 19 THE COURT: Forced, if you put that word in
20 there, it will not hold, and the judgment will stand
21 against you. I think. Because it will show coercion,
22 and then there's no agreement, and then it won't work.
15:37:36 23 MS. PARKS: I accept the deal.
15:37:39 24 THE COURT: Okay. Is that good enough for
25 everybody?
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 26 of 27
... ..J:37:45 1 MR. McCARTHY:' Good enough for us, judge .
15:37:45 2 MR. BROWNING: Yes, Your Honor.
15:37:46 3 MR. HANSEN: Thank you, Your Honor.
15:37:48 4 THE COURT: You're welcome.
15:37:49 5 MR. BROWNING: May we be excused, Your Honor?
15:37:51 6 THE COURT: You may.
15:37:52 7 (End of proceedings)
15:37:52 8
15:37:52 9
15:37:52 10
15:37:52 11
15:37:52 12
15:37:52 13
d:37:52 14
15:37:52 15
15:37:52 16
15:37:52 17
15:37:52 18
15:37:52 19
15:37:52 20
l5:37:52 21
l5:37:52 22
L5:37:52 23
l5:37:52 24
LS: 37:52 25
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 27 of 27
J...J:37:52 1 STATE OF TEXAS
15:37:52 2 COUNTY OF DALLAS
15:37:52 3 I, Janet E. Wright, Official Court Reporter in and
4 for the County Court of Dallas County, Texas, County
5 Court at Law Number Three, State of Texas, .do hereby
6 certify that to the best of my ability the above and
7 foregoing contains a true and correct transcription of
8 all portions of evidence and proceedings requested in
9 writing to be included in the Reporter•s Record, in the
10 above-styled and -numbered cause, all of which occurred
11 in open court or in chambers and were reported by me.
15:37:52 12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the
14 exhibits, if any, admitted by the respect~ve parties.
L5:37:52 15 I further certify that the total cost for the
16 preparation of this Reporter's Record is $100.00 and was
17 paid by Ms. Parks.
L5:37:52 18 WITNESS MY OFFISIAL HAND this the 17th day of
19 June, 2016.
.5:37:52 20
.5:37:52 21 Is/ Janet E. Wright
.5:37:52 22 JANET E. WRIGHT, Texas CSR #1532
.5:37:52 Expiration Date: 12-31-17
.5:37:52 23 Official Court Reporter
.5:37:52 County Court-at-Law No. 3
.5: 37:52 24 600 Commerce Street, Suite 585
.5:37:52 Dallas, Texas 75202
.5:37:52 25 214/653-7831
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
A Professional Corporation
John G. Browning AlTORNEYS AT lAW
214-742~2121 Ext 3512 2500 Renaissance Tower
browningj@passmanjones.com 1201. Elm Street .
.F-ax: .21+748-7949 .Dallas, T.exas .7.527.().,2599
www.passmanjones.com
July 22, 2016
Lisa Matz, Clerk
Fifth District Court of Appeals
600 Commerce Street, Suite 200
Dallas, TX 752021
RE: Cause No. 05-16-00784-CV
Tanya Parks and Parks Realty-Firm, LLC v. AffiHatedBank, AffifiatedBankPSB,
Affiliated Bank FSB, Inc., BancAffiliated, Inc., Joshua Campbell and Katherine Campbell
Our File No. 26389-001
Dear Ms. Matz:
I am counsel for Appellees in the abov~styled and numbered cause. I wish to point out certain
undisputed facts pertinent·to the Court's consideration of whether or not it has jurisdiction over this matter.
First, Appellants purport to be appealing from a Final Judgment signed by Judge Montgomery in
Dallas County Court-at-Law No. 3 on March 24, 2016, but in fact Appellants voluntarily nonsuited with
prejudice all claims and causes of action and agreed to waive any appeal or further filings and to release
the Appellees from any and all liability. This agreement was made in open court by Appellants on
June ·13, 2016 at a hearing on Plaintiffs~ Motion tor New Trial, and was made tn exchange for Appellee'-s
agreement to forego collection of the attorneys' fees they had been awarded by the trial court as part of
the court's granting a Motion to Dismiss on March 24, 2016. Attached hereto as Exhibit "N are true and
correct excerpts from the transcript of the June 13, 2016 hearing. At pages 19-20 ofthat record, the offer
(having been earlier withdrawn) and its terms are discussed along with the need for Ms. Parks to verbally
indicate her assent in open court. After further discussion; and a reminder from the court that M~. Parks
had a choice that only· she- could· make- and· voluntarily· enter inttJ, Ms-. Parks- stated on· p-. 25. line 23 "t
accept the deal. n
A nonsuit is effective as soon as the plaintiff files it or asks for one in open court. See, for example,
Epps v. Fowler, 351 S.W.3d 862, at 868-69 (Tex. 2011); Travelers Ins, Co. v. Joachim, 315 S.W.3d 860,
at 862-63 (Tex. 2010).
Clearly, Ms. Parks is barred from bringing this appeal, by virtue of her own voluntary nonsuit with
prejudice, announced in open court. Furthermore, Appellants have also judicially admitted the
acceptance of the offer of settlement. In his Motion to Withdraw as Counsel for Plaintiffs (attached hereto
as Exhibit "B"), Ms. Parks' prior counsel Jason Berent states- among other reasons for his withdrawal-
that "Plaintiffs recently accepted an offer of settlement made by Defendants in open court."
Besides the fact that Appellants had already nonsuited all claims with prejudice in open court on
June 13, 2016, Appellants are also tim~barred from bringing this appeal. The judgment from which
Appellants purport to appeal-was signed by the trial court on March 24, 2016. Plaintiffs'/Appellants'
Motion for New Trial- was filed on April 21, 2016. However, the hearing on this Motion for New Trial did
392985
Lisa Matz, Clerk
July 22, 2016
Page2
not take place until June 13, 2016- 81 days after the final judgment was signed. Pursuant to Texas Rule
of Civil Procedure 329b(c), such motions for new trial are overruled by operation of law on the 76th day
after the judgment is signed, if not overruled· earlier by a· written order. See, for example, In re· Hidalgo,
279 S.W.3d 456, at 460 (Tex. App.-Dallas 2009); rev'd on other grounds sub nom, Hidalgo v. Hidalgo,
310 S.W.3d 887 (Tex. 2010). In addition, Appellants' Notice of Appeal was filed on July 1, 2016-99
days after the judgment was signed on March 24, 2016. Pursuant to Texas Rule of Appellate Procedure
26.1, an appellant has only 30 days from the date ~·final .judgment is entered to file her notice of appeal,
and pursuant to TRAP 26.1 (a) that deadline is extended to 90 days after final judgment in the event that
motion for new trial is timely filed. Even applying this 90-day deadline, Appellants' appeal is still time-
barred. Accordingly, the Court should not accept jurisdiction over this matter.
Finally, although the Appellants purport to bring this attempted appeal prose on behalf of both
Tanya Parks (an individual) and Park~ Realty Firm LLC (a corporate entity), it is well-recognized black
letter law In Texas that a corporation cannot be represented pro se by an officer who is not an attorney.
Electronic Data Sys. V. Tyson, 862 S.W,2d 728, 737 (Tex. App.-Dallas 1993, orig. proceeding); Dell
Dev. Corp. v. Best Indus. Uniform Sup., 743 S.W.2d 302, 303 (Tex. -App.-Houston-I14th Dist.] 1987,
writ denied). Therefore, Tanya Parks- a non-attorney- cannot bring any appeal on behalf of Parks
Realty Firm LLC. Any action, such as a notice of appeal or the filing of a docketing statement, taken by
Ms. Parks ·on behalf of this corporation is a nullity.
On a related note, while Appellants claim to bring this appeal as to all of the defendants who were
originally sued, they ignore the fact that prior to the trial court's final judgment on March 24, 2016 and
well before the June 13, 2016 hearing on Plaintiffs' Motion for New Trial, Plaintiffs had already nonsuited
all defendants except for Joshua Campbell and Affiliated Bank. Attached hereto as Exhibit "C" and "0,"
respectively, are the trial court's March 21 and March 22 Orders Granting Nonsuit as to Defendants
Affiliated Bank, FSB, Affiliated Bank FSB, Inc., Ban~affiliated, Inc., and Katherine Campbell. These
parties were nonsuited by Plaintiffs/Appellants long before the untimely filing of Appellants' Notice of
AppeaL
Simply put, this attempted appeal comes after Appellants had already nonsuited their claims in
open court and waived any appeal. The attempted appeal is also untimely, improperly brought prose on
behalf ·Of a corporation, and wrongfully brought against parties whom the Appellants had .earlier
nonsuited. The Court of Appeals should decline to exercise jurisdiction over this matter. ·
Respectfully submitted,
Lisa Matz, Clerk
July 22, 2016
Page3
PASSMAN & JONES. P.C.-
~~A~
By: ~~~~~---------
John G. Browning
~--­
Texas State Bar No. 03223050
browningj@passmanjones.com
Jerry c. Alexander
Texas State Bar No. 00993500
alexande~@passmanjones.com
2500 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
(214) 742-2121 Telephone
(214) 748-7949 Facsimile
ATTORNEYS FOR APPELLEES
POLITICAL EXPENDITURES
FROM POLITICAL CONTRIBUTIONS SCHEDULE F1
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AlTACHADDmONAL COPIES OF THIS SCHEDULe AS NEEDED
Forms provided by Texas Ethics Commission www.eth1cs.state.tx.us Revised 04/1Sf2Q1S__._
Texas EthiCs Commission P.O. Box 12070 Austin, "Texas 78711-2070 (512) 463-5800 (TDD 1-800-735--2989)
POLITICAL EXPENDITURES SCHEDULE F
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.TexasEJncsCarvn&ssat PO Box12070 Ausnn. Te.GS 76711·2070 (512\463-5800
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I • T<>'..U o•ou StMlhrs l':~~,'-'t 11 r·d
1 1 t'\l<"'lof)e\J ,~nd l'uwt• ed •{
FILID
7nf201612:46:35 PW
JOHN F. WARREI\:
COUNTY CLERif
DALLAS COUNTY
CAUSE NO. CC-15-04540-C
TONYA PARKS and PARKS REALTY § IN THE COUNTY COURT
FIRM,LLC §
•§
v. § ATLAWN0.3
§
JOSHUA CAMPBELL, ET. AL. § DALLAS COUNTY, TEXAS
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS
Jason M. Berent and Berent Law Finn, PLLC ("Movants'') file this Motion to Withdraw
as Counsel for Plaintiffs and would respectfully show:
I. Why This Motion Should be Granted
This Motion to Withdraw as Counsel for Plaintiffs (the "Motion") is filed by Jason M.
Berent and the Berent Law Firm, PLLC (collectively the "Movants") should be granted because
it is supported by good cause. Among other things, Movants are unable to communicate with
Plaintiffs in a manner consistent with good attorney-client relations.
IT. Plaintiffs' Consent to Motion
Plaintiffs consent to this Motion. To this end, Plaintiffs terminated the Movants on June
27, 2016. At that time, Plaintiffs were advised of any applicable deadlines in this case and
strongly encouraged to furnish these to their new counsel. It has come to the attention of the
Movants that Plaintiffs have communicated and sought to communicate with counsel for the
other parties (and at times their respective clients), and have advised other counsel in this case
that they are no longer represented by the Movants. Plaintiffs have also filed a Notice of Appeal
of their own volition.
IlL Plaintiffs' Acceptance of Settlement Agreement and Docket Reflects Case is Closed
Plaintiffs recently accepted an offer of settlement made by the Defendants in open court.
The Court's online docket has subsequently reflected that the status of this case is "closed."
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS Page 1 of 4
Plaintiffs were advised of any applicable deadlines by Movants on multiple occasions and advised
to immediately pass these on to their new counseL
IV. Contact Information for Plainti.tJs
Plaintiffs are now representing themselves in a prose capacity. The contact information for
Plaintiffs is that which is evidenced on their recently filed Notice of Appeal:
TonyaParks
1401 Bristlewood Dr.
McKinney, Texas 75070
Phone:214-980-8816
E-Mail: tonyaparks@parkSrealtyfirrn.com
V. Relief Requested
Movants ask that the Court enter an Order granting the withdrawal of Jason M. Berent
and the Berent -Law -Firm of and ·from -its ·representation ·of ·P-laintiffs, .formally -discharging them
of any and all duties and responsibilities owed to the Plaintiffs, effective June 27, 2016, the date
on which they were terminated by Plaintiffs, and: (1) directing the Clerk of the Court to remove
the Movants as counsel of record for the Plaintiffs on the Court's docket and in all other
applicable places and add Tonya Parks as the pro se representative in Movants' place at the
address she provided in her Notice of Appeal; (2) directing the Clerk of the Court to forward any
future correspondence, communications, pleadings, discovery, notices, orders, and any and all
other matters from the Court to Tonya Parks, the pro se representative for the Plaintiffs, at her
address above; and (3) directing all counsel for all parties to forward any future correspondence,
communications, pleadings, discovery, notices, orders, and any and all other matters to Tonya
Parks, the pro se representative for the Plaintiffs, at her address above.
WHEREFORE, PREMISES CONSIDERED, Movants ask that the Court enter an Order
granting the withdrawal of Jason M. Berent and the Berent Law Firm of and from its
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTrFFS- Page 2 of 4
representation of Plaintiffs, fonnally discharging them of any and al1 duties and responsibilities
owed to the Plaintiffs, effective June 27, 2016, the date on which they were terminated by
Plaintiffs, and: ( 1) directing the Clerk of the Court to remove the Movants as counsel of record
for the Plaintiffs on the Court's docket and in all other applicable places and add Tonya Parks as
the pro se representative in Movants' place at the address she provided in her Notice of Appeal;
(2) directing the Clerk. of the Court to forward any future correspondence, communications,
pleadings, discovery, notices, orders, and any and an other matters from the Court to Tonya
Parks, the pro se representative for the Plaintiffs, at her address above; and (3) directing all
counsel for all parties to forward any future correspondence, communications, pleadings,
discovery, notices, orders, and any and all other matters to Tonya Parks, the prose representative
for the Plaintiffs, at her address above. Movants also request any and all other relief to which
they may be entitled.
Respectfully submitted,
BERENT LAW FIRM, PLLC
JASON M. BERENf
Texas Bar No. 24027143
5600 Tennyson Parkway, Suite 310
Plano, Texas 75024
(214) 692-5800
FAX NO. (214) 692-5806
jberent@berentlawfmn.com
FORMOVANTS
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS- Page 3 of 4
CERTIFICATE OF CONFERENCE
The undersigned certifies that a conference was conducted with all counsel of record and
the Plaintiffs and this Motion is not opposed.
JASON M BERENT
CERTIFICATE OF SERVICE
The undersigned certifies that this document was duly served on all counsel of record and
the Plaintiffs via electronic service on July 7,. 2016 in accordance with the TEXAS RULES OF CIVIL
PROCEDURE.
JASON M. BERENr
MOTION TO WITJIDRAWAS COUNSEL FOR PLAINTIFFS- Page 4 or 4
FII.:Er
6/9/2016 5:51:02 PIV
JOHN F. WARREI\
COUNtY. CLERI'
DALLAS COUN1'1
·:fQNYA-PARK.~l~nd -~ -IN ~..C.()UNIT·.COUR:r
PARKS REALTY FIRM, LLC §
§
§:.·
§
AFFILIATED BANK,. §.. A.:T. LAW-N0.. 3.
AFFILIATED BANK FSB, §
AFFILIATED BANK FSB, INC. §
BANCAFF.ILIATED~ INC., ..,§
JOSHUA CAMPBELL and §
KATHERINE CAMPBELL § DALLAS COUNTY, TEXAS
DEFENDANT AFFILIATED BANK'S RESPONSE IN OPPOSITION TO PLAINTIFFS'
MOTION FOR NEW TRIAL AND ALTERNATIVE MOTION TO VACATE, MODIFY,
€0RREGT-OR-REFORMJUDGMENT
TO THE.HONORABLE.JUDGE.OE SAID COlJRI!.
Defendant Affiliated Bank ("Affiliated") makes this its Response in Opposition to
-.P~aintiffs' Motion-for New Trial and Alremative Motion to Vacate·, Modicy,.·Correct,or-Reform
·Judgment.and,in-support.ofsame-wouJdId.
DEFENIJA!'fr: AFFILfATEJJ.JJANK'SRESPONSE JN.OPPOSmON-TO:PlAINTlFFS!""l\fOTION FOR
NEW TRIAL AND ALTERNATIVE MOTION TO VACATE, MODIFY, CORRECT OR REFORM JUDGMENT
391317vl PAGE4
Plaintiffs claim in their Motion for New Trial that attorney's fees should not have been
awarded, and criticizes defense counsel for only providing the Court (at the Court's invitation)
with oral testimony as to the estimated fees and the reasonableness and necessity of these fees.
Counsel for Affiliated not only provided the-Court with an estimated amount during the hearing,
but he also discussed thenature of the work performed by himself and co-counsel Jerry
Alexander (who attended the hearing as well on behalf of Affiliated) and offered his
uncontroverted opinion as to the reasonableness and necessity of these fees based on his 26 years
of exp.erience litigating cases in Dallas County. Both defense counsel later provided the Court
with more formal sworn affidavit testimony going into greater detail reg!lfding the fees incurred,
their reasonableness, .and necessity.
In his attempt at a controverting affidavit on-attorney's fees, Plaintiffs' counsel states that
it is his opinion "that the blank in fees incurred and charged to date in this matter are very
reasonable." In other words, in sloppi1y, trying to prove up his own legal fees, Plaintiffs' counsel
can~t even be bothered to insert and reference an actual amount. However, he has no problem
criticizing Affiliated's attorney's fees as excessive. While Mr. Berent acknowledges only a
portion of the work-·done by Affiliated's counsel, he blithely·overlooks much of the attorney's
fees incurred by Affiliated due.to Plaintiffs' counsel's own poor choices. These include having to
answer for and represent unrelated banking entities that were sued by Plaintiffs' counsel even
though they never employed the Campbells. Defense counsel repeatedly asked Plaintiffs' counsel
to voluntarily dismiss these improper parties, and even provided him with evidence supporting
their non-relationship. Defense counsel even drafted and sent Plaintiffs' counsel a Motion for
Voluhtary Nonsuit; yet it wasn't until he was shamed in open court over his failure to respond
that Plaintiffs' counsel finally nonsuited all banking defendants other than Affiliated ,Bank. For
DEFENDANT AFFlLIATED BANK'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR
NEW TRIAL AND ALTERNATIVE MOTION TO VACATE, MODIFY, CORRECT OR REFORM JUDGMENT
391317vl PAGES
examples like this, and for wasting the parties' time with his tardiness in even· appearing for the
Motion to Dismiss hearing. Plaintiff's counsel is in no position to quibble with the amount, the
reasonableness, or the· necessity of the legal fees incurred by Affiliated Bank and awarded by this
Court. Moreover, his conclusory statements about the Plaintiffs' costs in pursuing "John Doe"
litigation are completely without foundation; he should have obtained an affidavit from the
lawyers who were actually involved in that suit
V. Conclusion
For the foregoing reasons, the Court should deny Plaintiffs' Motion for New Trial, should
sustain the evidentiary objections made by the Campbell Defendants, and should strike
Plaintiffs' evidence.
Respectfully submitted,
PASSMAN & JONES. P.C.
By:~~~
.~
Jerry 3JeXander
Te'Xas State Bar No. 00993500
alexanderj@passmanjones.com
Christopher A. Robison
Texas State Bar No. 24035720
robisonc@passmanjones.com
John G. Browning
Texas State Bar No. 03223050
browning@passmahjones.com
2500 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
(214) 742-2121 Telephone
(214) 748-7949 Facsimile
ATTORNEYSFORDEFENDANT
AFFILIATED BANK
DEFENDANT AFFILIATED BANK!S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR
NEW TRIAL AND ALTERNATIVE MOTION TO VACATE, MODIFY, CORRECT OR REFORM JUDGMENT
391317vl PAGE 6
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this the 9th day of June, 2016, a true and correct
copy of the foregoing was served on all counsel as follows:
Jason M. Berent jberent@berentlawtirm.com
BERENT LAW FIRM, PLLC
5600 Tennyson Parkway, Suite 310
Plano, TX 75024
Counsel for Plaintiffs, Tonya
Parks and Parks Realty Firm, LLC
Christopher P. Hansen chris@hermes-law.com
Michael A. Holmes michael@hermes-law.com
HERMES LAW, P.C.
2001 N. Lamar Street, Suite 450
Dallas, TX 75202
Counsel for Defendants,
Joshua and Katherine Campbell
John G. Browning
DEFENDANT AFFILIATED BANK'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR
NEW TRIALAND·ALTERNATIVE MOTION TO VACATE, MODIFY, CORRECT OR REFORM JUDGMENT
391317vl PAGE7
OFFICIAL RECEIPT.
DALLAS COUNTY CLERK- CIVIL RECEIPT JOHN F. WARREN, COUNTY CLERK
Payor Receipt No.
PARKS, TONYA CV-2016-08758
Transaction Date
07/22/2016
I Description Amount Paid I
PARKS, TONYA
cc~ 15-04540-C
TONYA PARKS, PARKS REALTY FIRM, LLC vs.AFFILIATED BANK, AFFILIATED BANK FSB, INC.,
AFFILIATED BANK FSB.et al
CLERK RECORDS 313.47
COPIES 62.53
SUBTOTAL 376.00
Remaining Balance Due: $75.00
PAYMENTTOTAL . . _ I_ _ _ . . .:3;. :. .76.; ;.; .·. ; :. .;0 =-. .~l
CASH Tendered 376.00
Total Tendered 376.00
Change 0.00
07/2212016 Cashier Audit
01:48PM Station CCAE 58564435
OFFICIAL RECEIPT
APPENDrX 4
ACCEPTEC
05-16-00784-C\
FIFTH COURT OF APPEAL~
DALLAS, TEXN
811512016 12 2513 Prv
Park Realty Firm, LLC LISA MATi
CLER~
214-980-8816
tonyaparks@parksrealtyfirm.com
FILED IN
5th COURT OF APPEALS
Tonya Parks DALLAS, TEXAS
214-980-8816 8/15/2016 12:25:13 PM
tonyaparks@parks!ealt;yfirm.com
LISA MATZ
Clerk
August 15, 2016
Lisa Matz, Clerk
Fifth District Court of Appeals
600 Commerce Street. Suite 200
Dallas, TX 752021
214-712-3450
RE: Cause No. 05-16-00784-CV
Tonya Parks and Parks Realty Firm, LLC v. Affiliated Bank, Affiliated Bank FSB, Affiliated
Bank FSB, Inc., BancAffiliated, Inc., Joshua Campbell and Katherine Campbell
Dear Ms. Matz:
I am the Appellant in the above-styled and number cause. My letter to you is intended to
point out certain facts pertinent to the Court's consideration.
I have recently had my father do an open record request attached hereto (Exhibit A) for all of
Affiliated Banks entities. I did ask my previous Lawyer Jason Berent to request these multiple times
to verify what John Browning was stating, but he did not, so this is why I have just recently done
this request because I am now pro se and can handle investigations on my own. From those request
that have just recently come in, I have found some information that would seem suspicious in
regards to the information stated by John Browning and Jerry Alexander have entered into the court
filings and have said in open court to Judge Sally Montgomery.
I am writing to bring this to your attention about Affiliated Bank FSB and BancAffiliated Inc. Per
the Defendant Affiliated Bank FSB and BancAffiliated - Original Answer, V etified Denial and
Affi.nnative Defenses to Plaintiff's' Second Amended Petition entered into Court on October 16,
2016 attached hereto (Exhibit B).
Affiliated Bank FSB states that Joshua and Katherine Campbell never worked for Affiliated Bank
FSB and Affiliated Bank FSB is no longer in existence. Also I have attached hereto in (Exhibit A)
an Affidavit present by John Browning for David Gregg stating that Affiliated Bank FSB ceased
transacting business on May 25, 2001.
I would like to present in attached hereto (Exhibit C & E) -you will see that Affiliated Bank FSB
tax# 17516300260 is:
1. Owned 100% by BancAffiliated
2. Affiliated Bank has done filings for years 2006,2007,2012, 2013,2014 and have added 13-
14 new members every year of those filings.
3. Kerri B. White and Kimberly C. Vincent were the individuals within Affiliated Bank FSB
that handled my complaint when I reported the Campbell's in September 2014.
4. Attached hereto (Exhibit F page 23 line 20-22) the deposition of Kztherine Campbell on
March 11, 2016 stating she worked for Affiliated Bank FSB then changed the name once the
other Bank's Lawyers made an "ugh" sound of disagreement.
5. Affiliated Bank and Affiliated Bank FSB have the same tax #17516300260 or drop the 0 at
the end.
I would like to also present in attached hereto (Exhibit C & E) - you will see that BancAffiliated tax
# 32003194399 is:
1. Owed 100% by Affiliated Bank that has the same tax number as Affiliated FSB
2. Has some of the same members
I would also like to add that in open record at the first hearing for the Motion to Dismiss on March
21, 2016 attached hereto (Exhibit G page 13line 4 to page 15line 14) John Browning stating that
the Campbell's were not employees of certain entities and some were not in business anymore.
In regards to all the conflict of interest I have ran up against everywhere I have tried to get justice
within the court, mediation and Affiliated Bank's Lawyers not disclosing to me that Affiliated Bank
filed an insurance claim January 2015 in which I have recendy spoken with the adjuster Michael
Moore with Chubb's and he stated to me and my father that Chubb's would be paying the lawyers
legal fee as their fee for their "right to defend".
I would like to state that I feel these additional findings would be considered suspicious and I
wanted you to have this information as soon as possible while you are deciding on my Notice of
Appeal.
I am also attached hereto (Exhibit H page 32 line 15 -page 35 line 7) the deposition of Joshua
Campbell stating Affiliated Bank had appointed his lawyers.
One more thing that I would like to add that I did not put in my letter I submitted to you on July 25,
2016 was that Judge Sally Montgomery tried to hold back me from ordering my transcripts after the
hearing on March 22, 2016. I called several times trying to get the transcripts so finally after several
attempts I spoke with Danny which stated that Judge Sally Montgomery requested him to tell me
that I had to go through my attorney to get the transcript which would cause an additional burden
for legal fees. Also Mr. Berent did not get them timely per my request so I called the Ethics
Committee and they advised me I should be able to get them without using my attorney. I
expressed this to Danny and was able to speak Janet Wright to start the process of retrieving my
transcripts on my own.
I pray that you will review these documents and send them to the 5th Court of Appeal so that I can
continue my trial with all the entities necessary to receive damages. It really does seem suspicious
that the Passman & Jones Lawyers would say they are no longer in existence when they have had
consist filing and have added 13-14 members every year.
Best Regards,
DJ-- 1Z_,, ) c Pc .--""-
Tonya Parks
ProSe
214-980-8816
J\FFINITYGIBSONGROUPE' I JUSTICE
August 04, 20 16
Open Records Division
Comptroller of Public Account
P.O. Box 13526
Austin, Texas 7871 1-3528
VIA E-mail QJ2!;n,J~C_.1.\.us
In Reference To: The Freedom oflnformation Act. SU.S.C. 552
Subject Matter: Request for Records, Affiliated Bank FSB, 2626 W. Pleasant Ridge Rd. Arlington, TX
76015-4526, Texas Taxpayer Number 17516300260 and BancAffiliated Inc. 2326 W. Pleasant Ridge Rd
Arlington, TX 76015-4526, Texas Taxpayer Number 32003 194399, Affiliated Bank Mortgage known as
Affiliated Bank FSB DB/a Affiliated Bank Mottgage Texas Taxpayer No. unknown, Affiliated Bank
Texas Taxpayer No. 32044597618 Zip Code 76015 and Affiliated Bank Inc.
Subject Jurisdiction: Suspicious Activity, Conspicuous Unlawful Business Practices.
Bennie R. Gibson
7200 01d Mill Run
Fort Worth, TX 76133
Dear Custodian
This letter is a request for the following records, under the Texas Open Records Law (Texas Government
Code Chapter 552 Subchapter A. General Provision Sec. 552.00 I).
Please be aware that the Open Records Law defines "record" to include information that is maintain on
paper as well as electronically, such as data files and unprinted emails.
Please aJso be aware that the Open Record Law shall be construed in every instance with presumption of
complete public access general is contrary to public interest and only in exceptional cases can access be
denied. If you deny my request, the law requires you to do so in writing and state what part of the law you
believe entitles you to deny my request
The Open Records Law states that you may charge for "the actual necessary and direct cost of locating
records, if this exceeds $50, and for photocopies. The Texas Depattment of Justice advises that copying
fees under the Open Records Law should be around I 5 cents per page and that anything in excess of25
cents may be suspect.
AGG'
1t 'lt 'll·.q[fi nit.1·gi hsongr01 tJWi usth ·e./Is f:Jnl ri 1- hcnn ic.gi hson(a af/iniI_\ :'.!.rmtpc.us
. EXHIBIT tJr
Page2)
The Texas Public Information Act require that you "promptly produce" the requested record unless;
within 10 days you have sought an Attomey General's opinion. If you expect a significant delay in
responding to this request, please contact me in writing with information about when I might expect
copies or the ability to inspect the requested records.
Per affidavit of David Gragg Senior Vice President of Affiliated Bank filed in the Dallas County Court at
Law No.3, Dallas County Texas Cause No. CC-15-04540-C "who" being duly swom, under oath states
(1) Affiliated Bank FSB Inc. never existed (2) Affiliated Bank FSB a mutual federal saving Bank cease
transacting business on May 25, 2001.
Defendant Affiliated Bank Inc. General and Verified Denial submitted and filed in court records by Jerry
C. Alexander Texas State Bar No. 00993500 is inconsistence with the Affidavit of David Gragg. This
pleading states that (I) Affiliated Bank Inc. is no longer in existence (2) it was not in existence at the time
ofthe events alleged in Plaintiff's Original Petition.
Verification; David Gragg subscribed and swom states that he is the authorized corporate representative
of Affiliated Bank Inc. and as such am capable of making this verification. He have read the forgoing
Defendant's Original Answer and Verified Denials. The Facts stated in said Verified Denial are within his
personal knowledge true and con·ect.
Per Franchise Tax Account Status as of: 07/14/2016 05:39:35 PM show's that Affiliated Bank FSB
Texas Taxpayer No. 17516300260 right to transact business is active and effective Secretary of State
registration date is 06/01/1998.
Requested Records:
1). Form 05-l 02 Texas franchise tax public information report tiled in behalf of Affiliated Bank FSB,
Texas Taxpayer No.l7516300260, BancAffiliated Inc. Texas Taxpayer No. 32003194399, Affiliated
Bank Texas Taxpayer No. 32044597310 Zip Code 76015, Affiliated Ban lnc2 for years 1998 through
2016. Please be aware that not a one of Affiliated Bank entities have their Texas Taxpayer Number for
public view.
2). Please identify all Officers/Directors of Affiliated Bank FSB Texas Taxpayer Number 17516300260
If you are not the records custodian for this information, please forward this request to the appropriate
person. Also, please let know if I can clarify or refine this request.
Thank you for time and consideration.
Sincerely ~ d_
~~IBSON-
7200 Old Mill Run
Fort Worth TX 76133
(817) 989-2006 Office
(817) 989-2008 Fax
(817) 688-0652 Cell
Page(3
cc:
affinitygibsongroupejustice.us
Lanier, Hightower. and Barclay
Passman
& Jo11es
John G. Browning A Prefe~~W).'frAt\;
214-742-2121 Ext. 3512 2500 Renaissance Tower
browningj@passmanjones.eom 1201 Elm Street
Fax: 214-748-7949 Dallas, Texas 75270-2599
'WWIN.passmanjones.com
December 7, 2015
Jason M. Berent {Via email: jberent@berentlawfirm.com]
Berent Law Firm, PLLC
5600 Tennyson Parkway, Suite 310
Plano, TX 75024
RE: Cause No. CC-15-04540-C; Tonya Parks and Parks Realty Firm, LLC v. Affiliated Bank,
Affiliated Bank FSB, Affiliated Bank FSB, Inc., BanoAffiliated, Inc., Joshua Campbell and
Katherine Campbell; in the County Court at Law No.3, Dallas County, Texas
Our File No. 17649-065
Dear Jason:
Per our conversation on November 18, 2015, I have attached an Affidavit of David Gragg
confirming that Joshua Campbell and Katherine Campbell were never employed by Affiliated Bank
FSB, Affiliated Bank FSB, Inc., or BancAffiliated, Inc. r have also attached a draft Plaintiffs' Motion for
Voluntary Partial Nonsuit (without prejudice) as to these three (3} Defendants, along with a proposed
Order. I request that you sign and file this Motion and Order.
Finally, this will confirm my representation to you that, should credible evidence in discovery
refute Mr. Gragg's sworn testimony that Mr. and Mrs. Campbell were not employed by Affiliated Bank
FSB, Affiliated Bank FSB, Inc., or BancAffiliated, Inc. and if you should determine it necessaiy as a
result to bring these three (3) entities back in to the lawsuit as Defendants, nei~her any if these three (3)
entities nor Defendant Affiliated Bank will assert the defense that Plaintiffs' claims against these three
(3) entities are time-barred.
Very truly yours,
~~~~
John G. Brownin~ "---p
JGB/RGC/ae
Enclosures
383214
CAUSE NO. CC~lS·04540-C
TONYA PARKS and § IN THE COUNTY COURT
PARKS REALTY FIRM, LLC §
§
v. §
§
AFFILIATED BANK, § ATLAWN0.3
AFFILIATED BANK FSB, §
AFFILIATED BANK FSB, INC. §
BANCAFFILIATED, INC., §
JOSHUA CAMPBELL and §
KATHERINE CAMPBELL § DALLAS COUNTY, TEXAS
AFFIDAVIT OF DAVID GRAGG
STATEOFTEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority 1 on this day personally appeared David Gragg
who, being by me, duly sworn, on oath stated:
1. "My name is David Gragg. I am above the age of eighteen ( 18) years old. I am of
sound mind, capable of making this Affidavit, fully competent to testify to the matters stated
herein and have personal knowledge of each of the matters stated herein. All of the facts and
statements contained herein are true and correct and of my personal knowledge."
2~ ''I am employed as a Senior Vice President of Affiliated Bank. I have been
employed in thi~ capacity for 3 years. As Senior Vice President, I have knowledge of the
personnel who are ctmently employed and who have been employed with Affiliated Bank.
Joshua Campbell.was employed with Affiliated Bank from February 6) 2013 to June 24, 2015.
Katherine Campbell was employed with Affiliated Bank from Januaryl7, 2014 to June 24, 2015.
AFFIDAVIT OF DAVID GRAGG PAGEl
383216
Neither Joshua Campbell nor Katherine Campbell was ever employed with BancAffiliated, Inc
or Affiliated Bank, FSB, a mutual federal savinss bank.'t
3. "Affiliated Bank FSB, Inc. never existed."
4. "Affiliated Bank, FSB, a mutual federal savings Bank ceased transacting business
on May 25,2001. "
"FURTHER AFFIANT SAYETII NOT." ( /
~-l_--1 / /L~
STATE OF TEXAS §
§
COUNTY OF DALLAS §
SUBSCRIBED AND. SWORN TO BEFORE ME by the said David Gragg on the 1~
day o7\a ~ , 2015, to certify which witness my hand and official· seal.
BRITTANY· N GOMEZ Notary Public, State of Texas
My Commission Expires
Apr1125, 2017
AFFIDAVIT OF DAVID GRAGG I'AGEl
383216
10/16/2015 12:19:3f
JOHN F. WAR
COUNTYCL
DALLASCOU
CAUSE NO. CC-15-04540-C
TONYA PARKS and § IN THE COUNTY COURT
PARKSREALTYF~,LLC §
§
vs. §
§
AFFILIATED BANK, § ATLAWN0.3
AFFILIATED BANK FSB, §
AFFILIATED BANK FSB, INC., §
:BANCAFFILIATED, INC., §
JOSHUA CAMPBELL and §
KATHERINE CAMPBELL § DALLAS COUNTY, TEXAS
DEFENDANT AFFILIATED BANK FSB, INC.'S ORIGINAL ANSWER AND
VERIFffiD DENIAL TO PLAINTIFFS' SECOND AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant Affiliated Bank FSB, Inc., and files this, its Original Answer to
Plaintiffs' Second Amended Petition, and by way of answer would respectfully show the Court the
following:
I.
GENERAL DENIAL
Defendant Affiliated Bank FSB, Inc. (hereinafter "Defendant') generally denies each and
every, all and singular, of the allegations contained in Plaintiffs' Second Amended Petition, and states
that such allegations are untrue in whole and/or in part; consequently, Defendant hereby exercises its
legal right to demand strict proof thereof.
II.
VERIFIED DENIAL
A. Pursuant to Texas Rule of Civil Procedure 93, Defendant Affiliated Bank FSB, Inc.
hereby denies it is liable in the capacity in which it has been sued since Joshua Campbell and
Katherine Campbell never worked for Affiliated Bank FSB, Inc.
DEFENDANT AFFILIATED BANK FSB, INC.'S GENERAL AND VERIFIED DENIAL PAGEl
380799
B. Pursuant to Texas Rule of Civil Procedure 93, Defendant Affiliated Bank FSB, Inc. is
not liable in the capacity in which it is sued because:
1. It is no longer in existence;
2. It was not in existence at the time of the events alleged in Plaintiffs Original
Petition.
m.
PRAYER
WHEREFORE, Defendant respectfully requests upon final judgment, that Plaintiffs take
nothing, that Defendant be awarded its costs and attorney's fees, and that Defendant be granted such
other and further relief, both at law or in equity, to which Defendant may be justly entitled.
Respectfully submitted,
PASSMAN & JONES
A PROFESSIONAL CORPORATION
By:
Tex
alex erj smanjones.com
Christopher A. Robison
Texas State Bar No. 24035720
robisonc@passmanjones.com
John G. Browning
Texas State Bar No. 03223050
browning@passmanjones.com
2500 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
(214) 742-2121 Telephone
(214) 748-7949 Facsimile
DEFENDANT AFFILIATED BANK FSB, INC.'S GENERAL AND VERIFIED DENIAL PAGE2
380799
Gregory J. McCarthy
Texas State BarNo. 13367500
gregmccarthy@sbcglobal.net
Attorney + Mediator
2222 Patterson Place
Arlington, TX 76012
(214) 448-7154 Telephone
(817) 261-1688 Facsimile
ATTORNEYS FOR DEFENDANT
AFFILIATED BANK
CERTIFICATE OF SERVICE
I certify that on the 16th day of October, 2015, a true and correct copy of the above and
foregoing was delivered to the counsel set forth below, in accordance with the Texas Rules of
Civil Procedure:
Jason M. Berent
BERENT LAW FIRM, PLLC
5600 Tennyson Parkway, Suite 310
Plano, TX 75024
DEFENDANT AFFILIATED BANK FSB, INC.'S GENERAL AND VERIFIED DENIAL PAGE3
380799
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF ~,.,/:( M1, f §
1. "My name is David Gragg. I am the authorized corporate representative of Affiliated
Bank FSB, Inc. and as such am capable of making this verification. I have read the foregoing
Defendant's Original Answer and Verified Denials. The facts stated in said Verified Denials are
within my personal knowledge true and correct." (}
0,_L /P~
By: David Gragg, Senior Vice President
SUBSCRIBED AND SWORN TO BEFORE ME, this ~day of illU0(!'20I5,
to certify .which witness my hand and seal of office. r
-¥) I)
(
~ )\21 A. I want to say Affiliated Bank FSB, but I am
#
~ 22 not Affiliated Bank Mortgage.
23 Q. Okay. Would there be any reason why a
24 transaction with your office with Affiliated Bank with
25 the purchase price of $359,000 would have charges to the
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
Page: 1 of 16
1 REPORTER'S RECORD
2 VOLUME 1 OF 2
3 TRIAL COURT CAUSE NO. 15-04540-C
4 TONYA PARKS, PARKS REALTY ( IN THE COUNTY COURT
FIRM, LLC, (
5 (
Plaintiff, (
6 (
vs ( AT LAW NO. 3
7 (
AFFILIATED BANK, (
8 AFFILIATED BANK FSB, (
AFFILIATED BANK FSB, INC., (
9 BANCAFFILIATED, INC., (
JOSHUA CAMPBELL and (
10 KATHERINE CAMPBELL, (
(
11 Defendants. ( DALLAS COUNTY, TEXAS
12
13
14 MOTION TO DISMISS
15
16
17
18
19
20
21 On the 21st day of March, 2016, the following
22 proceedings came on to be heard in the above-entitled and
23 numbered cause before the Honorable Sally L. Montgomery,
24 Judge presiding, held in Dallas, Dallas County, Texas:
25 Proceedings reported by machine shorthand.
Janet E. Wright
Official Court Reporter - County Court At Law ~~ ~
214/653-7831 EXHIBIT G
Page: 2 of 16
1 A P P E A R A N C E S
2 JASON M. BERENT
SBOT NO. 24027143
3 Berent Law Firm PLLC
5600 Tennyson Parkway, Suite 310
4 Plano, Texas 75024
214/692-5800
5 ATTORNEY FOR PLAINTIFF
6
7 GINO J. ROSSINI
SBOT NO. 24007953
8 CHRISTOPHER HANSEN
SBOT NO. 00790818
9 Hermes Law, PC
2001 N. Lamar Stret, Suite 450
10 Dallas, Texas 75202
214/749-6512
11 ATTORNEYS FOR DEFENDANTS JOSHUA AND KATHERINE CAMPBELL
12
13 JOHN G. BROWNING
SBOT NO. 03223050
14 JERRY ALEXANDER
SBOT NO. 00993500
15 Passman & Jones
2500 Renaissance Tower
16 1201 Elm Street
Dallas, Texas 75270
17 214/742-2121
18 GREGORY J. McCARTHY
SBOT NO. 13367500
19 Attorney at Law
2222 Patterson Place
20 Arlington, Texas 76102
214/448-7154
21 ATTORNEYS FOR DEFENDANTS AFFILIATED BANK
22
23
24
25
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 3 of 16
1 INDEX
2 MARCH 21, 2015 PAGE
3 Announcements. 4
4 Proceedings . . . 4
5 Court Reporter's Certificate 16
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 13 of 16
1 THE COURT: Well, at least you're halfway there.
2 We got rid of Katherine today.
3 MR. BERENT: Could I get paid for that?
4 MR. BROWNING: As long as we're saying goodbye
5 to parties, Mr. Berent and I have been in touch about the
6 fact he sued multiple bank entities, only one of which
7 could have employed Mr. Campbell, and we're here for a
8 bunch of companies --
9 THE COURT: Do you know which one that is?
10 Because that needs to be worked out right now.
11 MR. BERENT: We can work out an agreement.
12 MR. BROWNING: I sent him a voluntary nonsuit
13 that he hasn't signed and that he has refused to sign.
14 MR. BERENT: Can we do a Rule 11 today?
15 THE COURT: No, no one's going anywhere until
16 you nonsuit on the record. So y'all go in the conference
17 room and talk about it.
18 MR. BERENT: The only problem, Your Honor --
19 because I have agreed with them.
20 MR. BROWNING: I've actually stipulated with
21 Mr. Berent months ago.
22 MR. BERENT: He did.
23 MR. BROWNING: And gave him an affidavit
24 identifying the companies that were not to be employers
25 and are not in business anymore and that there was only
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 14 of 16
1 one entity, Affiliated Bank, out of the four that he sued
2 that could can possibly even employ him in this case.
3 THE COURT: I would strongly suggest in the next
4 three or four minutes you reach an agreement and nonsuit~
5 those parties on the record, and we'll follow up with an
6 order of nonsuit tomorrow.
7 MR. BERENT: If it's tomorrow, that's fine. I
8 just have to triple check the parties. Technically,
9 everything else in the case is abated until this is ruled
10 on. So we can do it tomorrow, no problem.
11 THE COURT: No, there is a problem because they
12 would have to come back. If he gave you an affidavit,
13 you're going to do it today.
14 MR. BROWNING: I sent him a voluntary nonsuit as
15 to the bank entities that don't belong.
16 MR. BERENT: If he has it with him, I'll sign it
17 now.
18 THE COURT: State your name for the record.
19 MR. BROWNING: Yes, Your Honor. John Browning.
20 I'm counsel for Affiliated Bank, Affiliated FSB,
21 Affiliated Bank FSB, Inc., and Bancaffiliated Inc.
22 Now, the putative employer of Mr. Campbell was
23 Affiliated Bank, not Affiliated Bank FSB, not Affiliated
24 Bank FSB Inc., and not Bancaffiliated, Inc. This is
25 something we made opposing counsel aware of months ago.
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 15 of 16
1 THE COURT: If you have some problem with what's
2 on that affidavit, call your office, but we're going to
3 nonsuit three of those banks today.
4 MR. BERENT: There is no one at my office. I am
5 my office.
6 THE COURT: You're going to have to take his
7 word for it. If he's made a mistake, you can come in
8 tomorrow, and we'll deal with that.
9 MR. BERENT: Can I whisper in his ear for 30
10 seconds.
11 THE COURT: Sure.
12 MR. BERENT: I think we can figure it out.
13 THE COURT: Okay.
14 (End of proceedings)
15
16
17
18
19
20
21
22
23
24
25
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Page: 16 of 16
1 STATE OF TEXAS
2 COUNTY OF DALLAS
3 I, Janet E. Wright, Official Court Reporter in and
4 for the County Court of Dallas County, Texas, County
5 Court at Law Number Three, State of Texas, do hereby
6 certify that to the best of my ability the above and
7 foregoing contains a true and correct transcription of
8 all portions of evidence and proceedings requested in
9 writing to be included in the Reporter's Record, in the
10 above-styled and -numbered cause, all of which occurred
11 in open court or in chambers and were reported by me.
12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the
14 exhibits, if any, admitted by the respective parties.
15 I further certify that the total cost for the
16 preparation of this Reporter's Record is $80.00 and was
17 paid by Ms. Parks.
18 WITNESS MY OFFICIAL HAND this the 15th day of
19 March, 2016.
20
21 Is/ Janet E. Wright
22 JANET E. WRIGHT, Texas CSR #1532
Expiration Date: 12-31-17
23 Official Court Reporter
County Court-at-Law No. 3
24 600 Commerce Street, Suite 585
Dallas, Texas 75202
25 214/653-7831
Janet E. Wright
Official Court Reporter - County Court At Law No. 3
214/653-7831
Tanya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/ll/2016
Page 32
1 eposition. We're here on the basis of your contesting
2 responding LO your Motion to Dismiss. The Motion to
3 Dismiss is pretty clear. Your responsibilities under
4 he statute are pretty clear about serving a prima facia
5 case for the allegations that you've made with respect
6 to the accounts. This is completely outside the scope
7 f that limited scope of the deposition.
.t-m. BERENT: Okay. 1•11 object;
10 Q. (BY MR. BERENT) Does anyone at Affiliated Bank
11 represent you in this case?
12 MR. BROWNING: Same objection.
l3 THE WITNESS: No. I don't know. I'm
15 Q. {BY MR. BEREN'I'J Okay. Did you hire a lawyer
16 in this case'!
17 I'~ goin? to ~bjec~ to the
I8 form. I have to agree ~ith counsel for Affiliated.
19 -e•re getting far afield of the scope of the discovery
20 for purposes of thR motion.
Ycu're seeting attorneys'
22 fees.
23 tvlR. HANSEN: I want to keep you far -- you
24 know, I want to give you as much breath as I can in this
fair, but ~e're starting co get really far afield.
\J. S. LEG.P_L SUPPORT - DALLP.S, TEXP.S
214-741-6001
EXHIBIT
Tanya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/11/2016
Page 33
a. fl later,
.I
! . . • " . -
2 pbvlousLy we'll address tnac later. But. to the extent
3 ~ou want to address that, go ahead. Again, you're
4 tetting far afield. So I'm trying to give you a lot of
5 -lee~;ajt.
7 respectfully disagree, but I will try to keep t~i~gs as
9 you think I'm getting too far afield.
10 Q. {BY MR. BERENT) Did you hire a lawyer in this
l l case'?
12 A. I've been working under the counsel of this law
13 ffi rm.
-'.4 ! ''
15 A. The law firm that we're sitting in.
16 Q. Do you know what i t is?
17 A. Chris Hermes and their partners. I don't know
lS the n.a;ues ..
19 Q. Did you hire ~hem?
20 Can vou cla~ify the g~estion?
::\ t"lR. HANSEN:
23 rired him/who didn't hire him is far afield of this.
Again, Jason, I think ·who
If
24 bour basis is attorneys' fees, we can talk about what
••~he amounc of atcorneys' fees are he incurred, and we
I
U.S. LEGJ\L SUPPORT - DALLAS, TEX..n.S
214-741-6001
Tonya Parks et al v. Allifiated Bank et al
DE?OSITIGN OF':.Joshua Campbell 3/11/20lt-
Page 34
, can produc~ that discovery post motion ruling. But
.• 2n
~ ~eyond that, I don't th~nk i~ mat~ers.
3 MR. BERENT: Let me object to the sidebar.
4 Q. IBY MR. BERENT) I'ID trying to make this
5 uestiofi reallv super easy~ Dici you hire a lawyer in
6 this case?
7 A. I'm not sure how to ~nswer that question.
8 Q.
9 lawyers in this case?
10 A. No.
Q. Rave you personal!~ paid an~ attornevB' fees in
12 the case?
~~ l
A. Not yet:.
:rec,;,ived an for :itto:rneys 1
15 fees in this case?
16 A. Not that 1 recall.
17 Q. Do you know whose -- how did you end up with
18 he Hermes firm?
19 I was introduced to them.
20 l Q. Bv whon~?
i
t>L ~ h.
22 Q. Okay. And to yo~r knowledge, who has been
23 aying the Hermes Law Firm if you know?
A.
MR. BR!]{>IN ING: Objecticn; form.
'''''.;"'.'···•;'.:
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
Ton·;a Parks et al Allifiated Bank et al
3/11/2016
Page 35
MR. HANSEN: 3?~~ objection.
3 A. It was alsc c.1stomary to use the originati~n
15 Q. And that's fair. I'm not asking if data was
16 shared. My q~estion is -- you've used Outlook you said?
And ycu'7e put people's infGrmation into
;_•ii~-li -'
I
'i e s -,
Yes.
) ... ~ -~ .. .:; ...- .
. -
-
; _...... - ..
.lr-
I
..: c., }a ;: 2 r 2 :;.}; ' .:5 ;-, ::.;:>2. • .; .. -
::: .:, -~~
._: .
1.-... - -
~.._ ·--
II
!:... ....,' _:;:;,. .
U.S. LEGA~ SUPPORT - DALLAS, TEXAS
214-'i41-6001
Appendix 5
Parks Realty Firm, T .T .(ilio tN
214-980-8816 ~IRT OF APPEALS
tonyaparks@.parkstrealtyfirm.com
70f6 AUG 22 PH Q: 20
Tonya Parks
214-980-8816 USA MATZ, CLERK
tonyaparks@parksrealtyfinn.com
Lisa Matz, Clerk
Fifth District Court of Appeals
600 Commerce Street. Suite 200
Dallas, TX 752021
214-712-3450
August 22, 2016
RE: Cause No. 05-16-00784-CV
Tonya Parks and Parks Realty Finn, LLC v. Affiliated Bank, Affiliated Bank FSB, Affiliated
Bank FSB, INC., BancAffiliated, INC., Joshua Campbell and Katherine Campbell
Dear Ms. Matz:
I am the Appellant in the above-styled and number cause. My letter to you is intended to point out
certain facts pertinent to the Court's consideration.
As of Friday, August 19, 2016 at 11 :07 am, I have received an email from John Browning stating that he
is now the sole point of contact in the above entitled cause and that I should not attempt to contact Mr. Jerry
Alexander or Mr. Christopher Hansen in regards to this appeal.
From the way it shows on the appeal docket it will show:
Jerry Alexander is the lead counsel for Affiliated Bank, Affiliated Bank FSB, and Affiliated
Bank FSB INC., BancAffiliated, INC. and John Browning as another counsel or the (+ l ).
Christopher Hansen as the lead counsel for Joshua Campbell and Katherine Campbell.
Mr. Browning states that the court is aware of this "assuming" client change by his prior letters to Ms.
Lisa Matz and the Appellees' Motion filed on Thursday, August 18, 2016 stating that he is the counsel for all
appellee's. The Hansen team appears to have recently vacated the Campbell's after the last letter I sent to Ms.
Matz on Monday, August 15,2016.
This change has not been updated in the appeal court system so I wanted to make you aware of this
change as there is not a formal attorney withdrawal by Christopher Hansen as the attorney for the Appellees
Joshua and Katherine Campbell in the records. ·
I also want to make you aware that this has been one of my major struggles in this case because of the
conflict of interest and misrepresentation. Not to mention that I had to fight 6 lawyers all working on one side to
my one lawyer. I have always stated that the Affiliated Banks et al and their lawyers have orchestrated this
entire case to manipulate the system in unfairness to save them by appointing lawyers to dismiss the Campbell's
that will intern make it easy for them to be dismissed.
My constitutional "due process" was denied by this misrepresentation along with the additional issues
and extreme measure they used to defraud the Plaintiff and now the Appellant. The Campbell's and Affiliated
Bank both hold different positions within this lawsuit.
Please take this showing of representation by Mr. John Browning as evidence that Affiliated Bank et al
have abused the system and Affiliated Bank et al are now accepting responsibility for the Campbell's action
when they maliciously attacked me and my company when he wrote a false report on Ripoff Report to defame
my name and my company. The Bank does not want to take responsibility for the Campbell's action, but yet
they are aiding the Campbell's in this entire case in Bad Faith.
In Mr. Browning motion filed on August 18, 2016 he states that my letters are filled with emotional,
diatribes, hyperbolic, irrelevant, and baseless accusation. My letters to the Court of Appeals are to show the
facts that were presented to the court which were over looked by Judge Montgomery with biases and prejudices.
Along with facts of misrepresentation to the court. If a women shows any kind of passion for a cause or
demonstrates any kind of feelings for necessary change to a situation then men like Mr. Browning and Mr.
Campbell will say it's being "emotional". I was standing up by speaking out for my clients professionally and
necessary as it was my fiduciary duty as their Realtor to do so when I saw issues that could arise in them not
getting their dream home and I saw the pain financially/mentally,the Campbell's were inflicting on my clients
by their errors. It was my responsibility to my clients to report the Campbell's to get help from the Campbell's
supervisors.
According to the constitution - freedom of speech does not protect someone who lies with malicious
intention to harm or destroy someone or a company. If that were the case in my situation, it would make it ok
to kill someone if they got into an argument because in my opinion, defamation kills without anyone having to
take responsibility. Defamation kills people by suicide, kills people slowly by depression, kills marriages, kills
':>usinesses, kills families and destroys a person enjoyment of life. Bullying also kills. I feel that I have been
bullied and defamed by the Lawyers that represent all the Defendants and/or Appellees in this lawsuit.
I am trying to fight this lawsuit by using the systems that are in place to help the people, but it has been
interfered by Mr. Browning and his team. I believe they have undermined the entire system. Mr. Browning is a
threat to me inside and outside the court as I am use my inherent rights guaranteed by my constitutional "due
process" by his misconduct and verbal attacks.
Best Regards,
~~- '"'-Y-~~
Tonya Parks
ProSe
214-980-8816
tonyaparks@parksrealtyfirm.com
APPENDIX 6
ACCEPTEC
05-16-00784-C\
FIFTH COURT OF APPEAL~
DALLAS, TEXA~
8/24/2016 10:54:59 Arv
LISA MAT2
CLER~
NO. OS-16-00784-CV
FILED IN
IN THE 5th COURT OF APPEALS
DALLAS, TEXAS
COURT OF APPEALS 8/24/2016 10:54:59 AM
LISAMATZ
sm DISTRICT OF TEXAS Clerk
TONYA PARKS and PARKS REALlY FIRM, LLC
Appellants,
vs.
AFF1LIATED BANK, AFFILlATED FSB, AFFILIATED BANK FSB, INC.,
BANCAFFILIATED, INC., JOSHUA C~BELL and
KATHERINE CAMPBELL
Appellees,
From the Dallas County Court at Law# 3.
Texas Cause No. CC-15-04540-C
AFFIDAVIT OF BENNIE R. GIBSON
~EFORE ME the undersigned authority, on this day persona~ appeared
Bennie R. Gibson who being by first duty sworn stated the follo\_Ving.
"My ~me is Bennie R. Gibson" I am over the age of (21) years, of s~und
mind and competent to make this affidavit. I have never been convicted of a' felony
or any crime involving moral turpitude, I have personal knowledge of and I am
fully competent to testify to 1:11atter stated herein, all the matter contained to this
affidavit are true and correct and base upon my personal knowledge and belief all
. supported by substantial evidence.
I am the father ofTonya Parks who is the sole owner of Parks Realty Firm,
LLC and they are the Appellants in the above cause of action. The statements I am
about to make are made upon my personal knowledge and I fully believe will be
relevant to this Court as you are making a decision on my daughter's case.
Statements are as follows:
1. I witnessed 2 atrocious hearings in Judge Sally Montgomery's Court at
Law# 3 on March 22, 2016 and J1me 13, 2016. I believe these 2 events
were pre-arbitrated with the intent to defraud my daughter and her
company.
2. My daughter Tonya Parks has always enjoyed her rights to liberty, but
because Tony~ crossed the path of a troubled man Joshua Campbell who
is a 2-3 tinle convicted felon and his wife Katherine Campbell who both
worked for a Federal Banking Institution ·Affiliated Bank FSB corruption
has intervened. Tonya is now fighting for that right to hberty in the ring
of the corruption coerced by Dallas County Judge Sally Montgomery,
Affiliated Bank, Chubb Insurance Company, the lawyers they selected
John Browning, Jerry Alexander and Gregory McCarthy and the lawyers
they selected .Christopher Hansen and Gino Rossini.
3. This coercion was what I believe to be a scam for excessive legal fees
arbitrated by Chubb Insurance and the lawyers they employ to use those
excessive fees to unlawfully gain control of my daughter with
intimidation to back her down. The adjuster for Chubb Insurance
Michael Moore told my daughter and myself those legal fees are what
they use in their "duty to defend" which will basically run the plaintiff
off. Mr. Browning was going to get paid by the insurance company
under the "duty to defend" clause within Affiliated Bank's liability
insurance policy- claim file number 047515001505- :filed on January 12,
2015, but yet Mr. Brownitig and the other lawyers put affidavits in the
court as if they were not going to get paid. They then threaten Tonya
with a Judgement of those outrageous fees when she had a1ready been .
financially harmed.
4. On June 13, 2016 Judge Sally Montgomery reprimanded me in her court
room because I was nodding my head. I was sitting next to my daughter
when Judge Sally Montgomery stated qtat Tonya did not have any
evidence that could link the bank and if this case became a frivolous case
then Tonya would be sanctioned. I disagreed by nodding my head
because this is no frivolous case on Tonya's part. I believe this~ case has
been manipulated by the officer of the court intentionally. Tonya has
very good evidence that will show this lawsuit is valid and her damages
are relevant with all defendants -the Bank and the Campbell's.
5. Judge Sally Montgomery had my daughter go into a private conference
room off the record multiple times to mediate an outcome to her case
with 6 men lawyers trying to convince my ·daughter to dismiss this case.
In one ~of those meetings after all the defendants' lawyers left the room
and it was only Tonya, her previous lawyer Jason Berent and myself,
Sally Montgomery came into the conference room and told us that we
needed to finish up or she would sanction Tonya for this being a
frivolous case. After she did that, I told Jason that I wanted him to get
my daughter out of this courtroom because this lady is a dangerous
Judge. After that meeting, we went back into the courtroom and when
Judge Sally Montgomery sat down I got up and walked out of the court
room because I knew if Jason did not do anything quickly I would have
say something. Out of concern for my daughter's well-being, I did not
want the Judge to harm my daughter anymore by me expressing my
concerns so I decided to leave and sit in the hallway. Tonya told me
before I left she was going to stay because she wanted to take this
through and she did not trust the Judge nor her lawyer Jason Berent to do
anything on her behalf if she was not present.
6. Once I left the court room - Tonya was by herselfwhen Jason told the
court there was no agreement in the mediation room then it is upon my
belief after reading the reading transcript on June 13,2016, I can honestly
say they caught Tonya off guard when they told her that her timing was
up to have a new trial and her case was over. This is when the major
atrocious events took place to wrongfully influence my daughter into
agreement she would not have done if she fully understood her rights and
would have been able to come speak with me. After reading the
transcript on June 13, 2016, ,based on my opinion and belief, they abused
their authority by what I consider judicial water boarding my daughter
into an improper settlement. My daughter was fighting for her life and
her family's well-being by herself with no one helping her to defend
herself .She was improperly couched, influenced, threatened, taunted,
and she was lied too. She thought the case was over with no remedy.
Tonya was put under so much pressure and was not given any time to
think. She was restrained I not allowed to come and speak with me when
she did not have a proper lawyer working in her behalf. Tonya used the
words and phrases like, .., just feel set up,, "l don't think I was given a
fair trial", ''I wasn't prepared to make a choice like this today'', "give me
a second to think", "I don't understand my parameters", '~I didn't really
get to talk to my lawyer'', ~'I don't get a new trial", ''I'm FORCED"
which they should have heard her words, seen her fear and stopped the
brutal intimidation and control they had over my daughter's mental state.
Reading the transcript, once they told Tonya she was going to be taken to
jail is when Tonya couldn't defend herself anymore. Any decision or
settlement made during the pressure of that heinous act of willful
unlawful misconduct- that decision into settlement would be conceived
as involuntary. By being Tonya father I know she was scared and she
was frightened even though she knew she had a good case, but she felt
defeated by people with power to destroy her, her family and her
company. The condition became constructive any person would have
done the same thing as Tonya to get from away from those conditions.
Tonya would do anything at that point to get out of that court room away
from those bullies to get into a safe environment with me and home to
her husband and 2 teenage sons.
7. From reading the transcript, JUdge Sally Montgomery requested Tanya to
come up and that's when she started asking Tonya to make a decision.
8. In my opinion, from ;reading the transcript, Judge Sally Montgomery
initiated the entire coerced settlement when she found out she did not
have proper jurisdiction. Judge Montgomery said, uso I'm going to do
one last thing, though. See if you can reach an agreement on the
attorney's fees since it's too late to overrule the motion for new trial; it
can only be done by agreement. That's still a good agreement. If y'all
agree to it, then it doesn't matter. If you don't agree to it, then it's too
late." This is when I believed the whole couching started. I ~lieve if
she would have not initiated that unfair settlement, Tonya would not have
to try to fight for this appeal so that you can see all the additional errors
Judge Montgomery made in court during the 2 prior hearing along with
the errors she made and she admitted to when making a judgement of
what I feel are outrageous attorney fees.
9. I believe Affiliated Bank's president Garry Graham is motivated to do
anything to get them out of court because he dues not watit Tonya to be
allowed to do any additional discove~es on Affiliated ·Bank because
those discoveries will uncover a lot of additional fault and suspicious
activity on the Bank's side. In my own research to help my daughter I
called Mr. Graham and left him a message multiple times with no return
call until I said I would be contacting the OCC (Office of the Comptroller
of the Currency). Mr. Graham returned that call within 10 seconds so I
believe he is screening his calls. In that return call Mr. Graham informed
me that he. was not regulated by nor registered with the OCC.
10. I believe the misrepresented of representation of coWlSel on the
Defendant side was unlawful and a willful intent to defraud the plaintiff.
Even when Jason Berent and Tonya told Judge Sally Montgomery she
acted as if she did not care.
I have raised my 2 daughters to be strong women and to stand up for what is right
After fully reading the transcript on June 13, 2016, I couldn't be more proud of my
daughter because I was visualizing her speaking out to stand up for herself and
what was right, but she was defeated by dangerous people with power.
This entire act of interference upon my daughter's well~being and her due process
has been devastating not only to my daughter, but to me as her father and her
mother. I can see a difference in Tonya so everybody who is responsible for this
change in my daughter's life must be held accountable.
SIGNED on this )t/ day of ~ , 2016
STATE OF TEXAS }
COUNTY OF TARRANT }
SUBSCRIBED AND SWORN TO before me by the said
Bennie Ray Gibson, Principal on this the rl~ day of August 2016.
lie in and for the STATE ofTEXAS
'~':''••.. CVNtHJA VELEZ
'f:--1i~\ NotorvPubUc. State of lellas
~~.. }i_f Comm. ExPires 01·06·2020
::f.Jii.'if,.f Notary 10 U04&6aes
·--........
•·•··-··-~- ...... ~ •••'•
~..,..__..
-•-• .,. '"""•r-"'-~·---•
Appendix 7
ACCEPTEC
05-16-00784-C\
FIFTH COURT OF APPEAL~
DALLAS, TEXA~
8/30/2016 1:44:13 Prv
LISA MAT2
CLERk
1
NO. 05-16-00784-CV
IN THE FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
COURT OF APPEALS
8/30/2016 1:44:13 PM
5TH DISTRICT OF TEXAS LISA MATZ
Clerk
TONYA PARKS and PARKS REALTY FIRM, LL~­
Appellants,
vs.
AFFILATED BANK, AFFILIATED BANK FSB, AFFILIATED
BANK FSB, INC., BANCAFFILIATED, INC., JOSHUA CAMPBELL
and KATHERINE CAMPBELL
Appellees,
From the Dallas County Court at Law #3,
Texas Cause No. CC-15-04540-C
APPELLANTS' RESPONSE TO APPELLEES' OBJECTION TO THE
AFFIDAVIT OF NON-PARTY BENNIE GIBSON
TO THE HONORABLE FIFTII COURT OF APPEALS:
Appellants Tonya Parks and Parks Realty Firm, LLC come now and file this Appellants'
Response to Appellees' Objection to the Affidavit ofNon-Party Bennie Gibson. The Affidavit
of Bennie Gibson who is the father ofTonya Parks should be considered by the Court when
determining the issues in this matter because Mr. Gibson was a witness to 2 of the hearings held
in Judge Sally Montgomery's Court Room. Bennie Gibson's position in this matter was written
--------- --- - _________ , -·--------------- ---- -
liPage
in his affidavit and his position would be no different than any lawyer Tonya Parks would plan to
hire to handle her case in the future. Bennie Gibson's affidavit should be looked at and strongly
considered because:
1. Mr. Gibson was present at the entire hearing on March 22, 2016.
2. Mr. Gibson was in the room for a majority of the hearing held on June 13, 2016 until he
felt he had to lea,ve because he did not want to harm Tonya Parks' case any further by
speaking out on her behalf when her lawyer Jason Berent was not and the other lawyers
and Judge were taking advantage of that lack of counsel.
3. Mr. Gibson was a party sitting in 2 of the mediations held on June 13,2016.
4. Mr. Gibson was in the hallway where he could see through the window Tonya Parks
standing in the court room dUring her forced and coerce settlement
S. Mr. Gibson was also in the haDway when Jerry Alexander, John Browning, Chris
Hansen, Gino Rossini and Greg McCarthy left the court room before Tonya Parks
and Jason Berent. While in the hallway Bennie Gibson witnessed Judge SaHy
Montgomery's Balliff eall out John Browning's name to escort him into Judge Sally
Montgomery's oftiee right after the hearing on June 13, 2016. The other lawyers
who were with John Browning at the time went with him to her office for a private
meeting. Tonya Parks' lawyer at the time Jason Berent was not in attendance to
this meeting as far as Tonya Parks lmows. ·
6. Mr. Gibso.r;1 was the first person Tonya Parks spoke with about the conduct of the officers
of the court once she left the court room on June 13,2016.
7. Although Mr. Gibson was not in the court room during the forced settlement he was a
witness to the misconduct in the court room and out of the court room. The transcript
validates what he could see through the window and Tonya Parks' mental state after she
left the court room.
I have also attached a chain of emails sent by Tonya Parks to Janet Wright starting the
early morning of June 14,2016 after the hearing on June 13,2016 requesting the transcripts
(Exhibit A). This email will show Tonya Parks position of the involuntary/forced settlement
the night after the hearing.
Mr. Browning states that Mr. Gibson is attempting to smear the reputation of Judge Sally
Montgomery. Mr. Gibson is only presenting the facts and the conduct he witnessed in the
21Page
court room and through the window along with reading the transcript Judge Sally
Montgomery has built her own reputation by her conduct and competence in her court room.
Mr. Gibson is only speaking up for his daughter while she is trying to get justice prose
because the legal system has failed her. Again, Mr. Gibson affidavit would be no different
than Tonya Parks hiring a lawyer to speak on her behalf who was not present during the
coerced settlement.
Mr. Browning failed to remember that his clients a convicted felon and the company that
hired him have ruined the reputation ofTonya Parks and her successful business.
Tanya Parks is not only fighting against Affiliated Bank and the Campbell's~ she is also
fighting against a team of lawyers (who knows how many), a judge and a large insurance
company. Tonya Parks was also on the phone when Mr. Gibson had the conversation with
Chubb's adjuster Michael Moore so she can validate that conversation. Tonya Parks also had
a conversation with Mr. Moore on July 22, 2016 when he told her she was going to lose her
appeal so she should look into becoming a private investigator or paralegal because she
would be good in those fields. Tonya Parks a successful woman - who is a victim in a
malicious internet hate crime and has had her constitutional right violated because of biases
and prejudices so she should not have to change her career at the age of 42. Tonya Parks has
been bullied, harassed and threatened unjusdy throughout this process.
Mr. Gibson once fought for the rights for our country so now he is fighting and aiding his
daughter for those rights he fought for. Please consider his affidavit and allow his daughter
to have her fair day in court with no biases or prejudices.
----·--····· ..· · · - - - - - -
31Page
PRAYER FOR RELIEF
For the reasons set forth above, Appellants requests that the Court allow Tanya Parks'
father Bennie .Gibson's Affidavit to be considered.
Appellants also pray that the Court Grants Appellants' Appeal because of all of the
errors, misconduct and misrepresentation in the Trial Court- Dallas County Court of Law #3.
Appellants also request any and all other reliefto which it may be entitled.
Respectfully submitted,
Tanya Parks .
ProSe Appellant
1401 Bristlewood Drive
McKinney, TX 75070
tonyaparks@parksrealtyfirm.com
214-980-8816
--·------
41Page
CERTIFICATE OF SERVICE
I certify that on August 30, 2016, I mailed copy of this motion to tbe following counsel
by First Class U.S. Mail and viaE-File:
John G. Browning
Browningj @passmanjones.com
State Bar No. 03223050
Jerry C. Alexander
alexandr.i@.Passmanjones.com
State Bar No. 00993500
PASSMAN & JONES, PC
2500 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
Telephone: 214-742-2121
Facsimile: 214-748-7949
Counselfor Appellees Affiliated Bank,
A/flliated Bank FSB, A/flliated Bank FSB,
INC., Banctifjiliated, INC., Joshua Campbell,
And Katherine Campbell
TonyaParks
---···--··-- --- ·-----~~--- ·-----
5I Page
Pritit 1 Close WfndOw
Subject: RE: 3-22-16 Transcript
From: tonyaparks(!parksrealtyfirm.com
Date: Tue, Jun 14,201611:33 am
To: "Janet Wright"
Bee: "BENNIE GIBSON"
Janet,
Thank you for those kind wQrds!!!.
It was a very long day for me yesterday. I noticed I said validated my constitutional right,
but I meant to say violated my constitutional right - twice. I hate auto correct on these cell
phones.
I'm a very strong believer in my Christian faith and I know for a fact GOD has a plan for me
and my family. I open my business In 2007 with GOD as my only partner. I wear a ring on
my wedding finger that means strength and freedom which I wear to remind me everyday the
gifts GOD has given me by creating me to be a strong minority women in a mans world and to
remind me everyday that I am free to dream. Last night I forgot about all that because I was
lost.
I'm sure I wilt be ok in time, but I wiU never forget. I wm forever be reminded of that day
because I have to discuss that defamatory post all the time when people search my name and
see the post that will never go away.
I was taunted in that court room and this will forever be my nightmare!
Best Regards,
Tonya Parks
214-980-8816
tonyaparks@parksrealtyfirm .com
www. parks rea ltyftrm. com
-------- Original Message --------
Subject~ Re: 3-22-16 Transcript
From: Janet Wright
Date: Tue, June 14, 2016 10:42 am
To: tonyaparks@parksrea!tvftrm .com
Tanya,
I am sorry that you are so upset by yesterday's hearing, but God always
has a plan for us. He has peace that passes .understanding, and I've
prayed for that myself at different times. He gives us strength to get
through tough times and ideas for better things. Don't give up - keep
working toward rebuilding and forgiving, and your business will be
restored.
EXHIBIT f\
I'm glad you made it home safely yesterday. I was worried about the
weather and the roads.
rn get yesterday's transcript to you as soon as I can, but at least by
Friday. You mentioned "transcripts," but I think this is the only one.
Let me know if there is one I'm missing.
You are a smart, strong woman. Use that strength in a positive way
and be a good role model for your sons.
Take care,
Janet
Janet E. Wright
Official Court Reporter, CCL #3
214/653-7831
-Original Message--
From: Tonya Parks
To: Janet Wright
Cc: Tonya Parks
Sent Tue, Jun 14, 2016 2:16am
Subject: Re: 3-22-16 Transcript
Hello Janet,
I'm sorry for sending this very early email, but I can not sleep because I'm going over and over
that humiliating hearing in my head.
I was railroaded and forced to make a decision I DO NOT agree with for my family in 60 seconds.
I feel mentally RAPED/BULLIED by the court because I had 7 men lawyers, 1 women judge
putting me (one women) on the spot by forcing me to make a decision, threatening me· if I didn't
go their way then they will do all these other things to me In the court system, not allowing me
time to take everything in that was happening to me at the time- along with them not allowing me
to speak with my dad who had to leave the court room because he could not handle watching his
daughter and her business get raped, hung, murdered, killed, humiliated, thrown away in the court
for a second time by misuse of power. Not to mentioned another man officer threatening to take
me (a mother of 2 African American boys ages 13 and 17 who need their mom in this crazy wor1d)
to jail because I was up set wlth the abuse and prejudices that were taking place in that court
room where I should have received justice to clear my name and my family business along with
getting damages I will and have incurred.
I deserved to have a fair and unbiased trial. My constitutional right was validated twice!!!
I stood up for my clients and this is what I got for doing so. This is why this world is based on
"every man for themselves". You can't stand up for people unless you willing to take the abuse
from the system and people who ·know how to use it.
I have worked so hard in my life to just have it thrown in the trash ·by a convicted felon and a large
company that abused the system.
I've lost 2 years of my life that I can not get back. I've lost time with my kids. I've lost friends
because I've separated myself from everyone. I have been very depressed because I'm
embarrassed of that false posting my kids teacher's, neighbors, old friends, potential clients, old
clients, other business opportunities, etc see when they search my name. I'm embarrassed by
how I've been so na"ive in thinking I would get justice by an elected official.
What do I tell my boys?? You can't even do the right thing and get justice.
I have been abused by the court system. I have lost my business, dreams and time that I can
never get back. I'm done - I'm completely done!!!! I pray this neverhappens to anyone else
because it's very hard to live like this. I'm sad, very, very sadllll
I pray GOO has a plan for me because I'm lost!!!
Sorry for my venting, but this was on my heart.
I really just wanted to make sure you had my email address so that you can send the transcripts
asap. I hate to rush you, but I need them as soon as possible.
Janet you have a great spirit about you that seems very kind and warm. Please don't let that court
take that away like it has done to me.
God bless,
TonyaParks
21'4-980-8816.
Sent from my iPhone
On Apr 17, 2016, at 9:06PM, Janet Wright wrote:
Tonya,
I am attaching the transcript for the 3-22-16 hearing.
If you need anything else, please let me know. Hope your
weekend was good, despite the rain!
Thanks,
Janet
Janet E. Wright
Official Court Reporter, CCL #3
214/653-7831
II <032216.pdf>
Copyright © 2003·2016. All rights reserved.
APPENDIX 8
Order entered December 2U, 2617
In The
~ourt of appeal•
.1'tftb Jlt•tntt of tlttxa• at Jlalla•
No. 05-16-00784-CV
TONYA PARKS AND PARKS REALTY FIRM, LLC, Appellants
v.
AFFILIATED BANK, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-15-04540-C
ORDER
Tanya Parks and Parks Realty Firm, LLC (PRF) appeal the trial court's dismissal of their
claims against Affiliated Bank pursuant to the Texas Citizens Participation Act (the TCPA). See
TEX. Crv. PRAC. & REM. CODE ANN.§§ 27.001-.011 (West 2015). On our own motion, we abate
this appeal and remand the case to the trial court for findings relating to whether Parks,
individually and on behalf of PRF, voluntarily entered into an agreement under rule of civil
procedure 11, pursuant to which Parks and PRF forfeited their right to bring this appeal, and
whether any agreement is enforceable.
Parks and PRF sued Joshua A. Campbell and his former employer, Affiliated Bank,
asserting a number of causes of action based on an internet posting by Campbell concerning
Parks's work as a real estate agenf. 1 Campbell filed a motion to dismiss under the !CPA,
arguing the claims against him were based on statements he made in connection with a matter of
public concern, and Parks and PRF could not establish by clear and specific evidence a prima
facie case for each essential element of their claims. At the hearing on Campbell's motion,
Affiliated Bank argued it "should be included as far as being dismissed" because there was no
evidence to support the causes of action asserted against it, and requested that it be awarded
attorneys' fees pursuant to the TCPA. On March 24, 2016, the trial court signed an Order on
Defendant Joshua Campbell's Motion to Dismiss (the March 24th Order), that dismissed with
prejudice Parks's and PRF's claims against both Campbell and Affiliated Bank, and awarded
Campbell $62,297.50, and Affiliated Bank $29,876.40, for court costs, reasonable attorneys'
fees, and other expenses incurred in the litigation.
Parks and PRF filed a motion for new trial. At the hearing on the motion, the parties
discussed settling the dispute. The attorneys for Parks and PRF, Affiliated Bank, and Campbell
stated on the record in open court that they had an agreement Campbell and Affiliated Bank
would forego seeking to recover the attorneys' fees awarded by the trial court "in exchange for
full waiver of any appeal or further filings" by Parks and PRF and a release of all claims against
Campbelt and Affiliated Bank. Affiliated Bank's attorney requested that Parks '"indicate her
agreement with this on the record." After some discussion between Parks and the trial court,
Parks stated, "I accept the deal."
An agreement to settle a case is enforceable by the trial court if it complies with rule of
civil procedure 11. Padilla v. LaFrance, 907 S.W.2d 454, 460 (Tex. 1995); In re Barton, No.
05-17-00364-CV, 2017 WL 6275920, at *1 (Tex. App.-Dallas Dec. 11, 2017, no pet. h.) (mem.
1
Parks and PRF also sued Affiliated Bank FSB, Affiliated Bank FSB, Inc., BancAffiliated, Inc., and Katherine
Campbell, but dismissed their claims against those parties.
2
op.). An agreement complies with rule 11 if it is "made in open court and entered of record."
TEX. R. CIV. P. 11. A trial court has a ministerial duty to strictly enforce a valid rule 11
agreement. In re Barton, 2017 WL 6275920, at *1; Draper v. Guernsey, No. 03-16-00745-CV,
2017 WL 2224540, at *4 (Tex. App.-Austin May 18, 2017, pet. denied) (mem. op.); see also
Fortis Benefits v. Cantu, 234 S.W.3d 642, 651 (Tex. 7007) ("As this is a valid pretrial agreement
under Rule 11, the trial court had a duty to enforce its terms."). Accordingly, if there was an
enforceable rule 11 agreement, the trial court had a duty to enforce the agreement entered into by
the parties by modifying or vacating the March 24th Order to reflect the parties' agreement, see
In re Barton, 2011 WL 6275lJ10, at *I (trial court ''has no authority to render judgment which
does not fall strictly within the terms of the agreement dictated into the record by the parties
themselves"), but failed to do so.
Generally, a party may revoke its consent to a rule 11 agreement before the trial court
renders judgment on the agreement. Milner v. Milner, 361 S.W.3d 615, 618 n.2 (Tex. Z012)
(citing Padilla, 907 S.W.2d at 461 ). If the party revokes its consent, the agreement still might be
enforceable, but only as a breach of contract action. Padilla, 907 S.W.2d at 461 ("after proper
notice and hearing," a party may enforce a settlement agreement complying with rule 11 as a
"binding contract'' even though one side no longer consents to the settlement). In this case,
Parks filed a prose notice of appeal in contravention of the parties' agreement. She also filed a
letter with this Court asserting the agreement was the result of duress and coercion, and she did
not and does not agree with the settlement.
Affiliated Bank requests that we dismiss this appeal as moot because, pursuant to the
parties' agreement, Parks and PRF have no right to appeal. Parks and PRF contend the rule 11
agreement is not enforceable because it was made due to duress and coercion, and request that
3
we consider the merits of whether the trial court erred by dismissing their claims against
Affiliated Ban1c This Court, therefore, is confronted with an appeal from an order that was
apparently superseded by agreement of the parties, but never vacated by the trial court, with
Parks attempting to revoke the agreement on appeal.
To assist this Court in resolving this appeal, we ABATE this appeal for a period of forty-
five days, and ORDER the trial court, after proper notice to the parties, to conduct a hearing to
determine whether Parks, individually and on behalf of PRF, entered into the rule 11 agreement
due to coercion or duress and whether the rule 11 agreement is enforceable. See e.g., TEX. R.
APP. P. 44.4 (requiring appeilate courts to direct trial courts to correct any correctable error that
prevents "the proper presentation of a case to the court of appeals"); Ad Villarai, LLC v. Pak, 519
S.W.3d 132, 136 (Tex. 2017) (per curiam) (noting that when trial court's failure to make
properly requested findings of fact is harmful, "the preferred remedy is for the appellate court to
direct the trial court to file the missing findings"); In re A.P., No. 07 -10-00481-CV, 2011 WL
780525, at *3 (Tex. App.-Amarillo Mar. 7, 2011) (order) (per curiam) (abating case and
remanding to trial court to conduct hearing to determine whether trial court's termination order
incorrectly reflected judgment of court and, if so, whether mistake was clerical error subject to
correction nunc pro tunc). We ORDER the trial court to file by February 5, 2018, (1) a
supplemental clerk's record containing its findings regarding all matters it considered in
conjunction with this order, and (2) a supplemental reporter's record of the hearing held on this
matter.
Is! ELIZABETH LANG-MIERS
PRESIDING JUSTICE
4
Appendix 9
CAUSE NO: CC-15-04540-C
TONYA PARKS and § IN THE COUNTY COURT
PARKS REALTY FIRM, LLC §
§
v. §
§
§ ATLAWNO.J
§
§
§
AFFILIATED BANK, et al. §
§
§ DALLAS COUNTY, TEXAS
PROPOSED FINUINGS OF FACT AND CONCLUSIONS OF LAW
COMES NOW Affiliated Bank, Appellee and former Defendant herein, and makes and
files these Proposed Findings of Fact and Conclusions of Law pertaining to the hearing ordered by
the Court of Appeals, Fifth District, at Dallas:
1. In the underlying case, Cause No. 15-04340-C, a hearing took place on Plaintiffs' Motion
for New Trial on June 13, 2016.
2. This hearing took place more than 75 days after the Trial Court had dismissed the case on
March 24, 2016.
3. At this June 13, 2016 hearing, Plaintiffs were represented by counsel, Jason Berent.
4. At this June 13, 2016 hearing, Plaintiffs' counsel was among the counsel who represented
to Judge Montgomery that the Motion for New Trial had already been overruled by
expiration oflaw under Rule 329(b) of the Texas Rules of Civil Procedure.
5. During the June 13, 2016 hearing, Judge Montgomery directed the parties to confer
regarding potential settlement at three (3) separate junctures, including one break that
lasted for more than thirty (30) minutes.
PROPOSED FiNDiNGS o:F FACT AND CONCitisioNS OF LAW
416575
6. Sy the end ofthe June 13, 2016 hearing, rofiowing the last of these breaks (during which
Plaintiffs conferred with their counsel), the parties announced to the Court that they had
reached an agreement.
7. Counsel for the parties announced in open court that Plaintiffs had "agreed to accept the
generous offerforthe defendants to forego ... seeking Tthe] ahomey''s fees that's currently
reflected in the judgment that the Court signed March 24, in exchange for full waiver of
any appeal or further filings, [and] release of both Mr. and Mrs. Campbell and Affiliated
bank." Counsel for both sides added that it was to be "a dismissal with prejudice" with
Plaintiffs "giving a full and complete release of Affiliated and the Campbeiis of any and
all claims."
8. The defense counsel requested that Ms. Parks give her verbal assent to the agreement put
on the record, and Judge Montgomery observed that "it's done if she says so on the record."
9. Judge Montgomery summarized the agreement as "'Everybody goes their way, and y'all
stay away from each other, but they drop the judgment against you." Counsel for Plaintiffs
agreed.
10. Counsel for Plaintiffs made it clear to his client that it was her decision, stating "I'm not
telling you what to do. I'm not pressuring you. It's your decision.''
11. Plaintiff Parks expressed initial reluctance, and Judge Montgomery asked her "What are
you going to do? Are you going to dismiss it with prejudice or not?"
12. When Plaintiff Parks stated "whatever you guys want," Judge Montgomery cautioned her
that "'I can't make that agreement for you." She represented to Plaintiff Parks that "1 can
not make this agreement for you. It's only one you can do."
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE2
416575
13. When Ms. Parks continued to say ''whatever you want,"' Judge Montgomery agam
reminded her "I don't get and will not make that call for you, that is not my place."
14. Plaintiff Parks stated "I take it. I take it," but repeatedly referred to being "put in this
position" and that. she hadn't "had the representation that she wanted to have."
1S. Mindful of tbe fact fuat Plaintiff Parks was the only one who could accept the settlement,
Judge Montgomery admonished her that "You either accept their offer now or the judgment
stands. I know what I would like for you, but I can't choose. And the way you're phrasing
it, it's not good enough. You either accept the deal or you say no. Take your pick. Yes, I
accept the deal or, No, I want the judgment against me."
16. When Plaintiff Parks tried to claim she was "forced" to accept the settlement, Judge
Montgomery again cautioned her. She stated "Forced, if you put that word in there, it will
not hold, and the judgment will stand against you. I think. Because it will show coercion,
and then there's no agreement, and then it won't work."
17. At that point, Plaintiff Parks stated in open court her verbal assent to the settlement, stating
"I accept the deal." The parties indicated their satisfaction that a binding, enforceable
agreement had been entered into, and the hearing was adjourned.
1&. Pursuant to Texas Rule of Civil P"rocedure 11, this constituted an enforceable agreement,
having been made in open court and entered of record. Texas Rule of Civil Procedure 11;
In re Joel Christopher Burton, No. 05-17-00364-cv, Tex. App.-Dallas (Dec. 11, 2017).
19. In a motion to withdraw as counsel for Plaintiffs, attorney Berent judicially admitted the
settlement that had been made in open court, stating in his filing that Plaintiffs had settled
their claim in open court.
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE3
416575
2U. Defendants complied witb the agreement and did not pursue correction of the judgments
previously taken against Plaintiffs on March 24, 2016. Plaintiffs breached the settlement
agreement, initiating an appeal prose on July 6, 2016.
21. On December 2, 2016, the appeal against Joshua Campbell was dismissed. On December
2'0, 2017, the Court of Appeals abated the appeal against Affiliated Bank and ordered the
trial court to conduct a hearing to determine whether Parks individually and on behalf of
PRF, entered into the rule 11 agreement, due to coercion or duress and whether this rule 11
agreement is enforceable."
22. There was no coercion. "Coercion exists when a party, by the unlawful conduct of another,
is induced to enter into a contract which deprives him of the exercise of his free will." Man
Industries (India) Ltd. v. Midcontinent Express Pipeline, LLC, 407 S.W.3d 342 (Tex.
App.-Houston [14th Dist.} 2013, no writ.
23. Under Texas law, '"'duress'" is often used interchangeably with '"'coercion.~' But a required
element of duress is improper or unlawful conduct or the threat of improper or unlawful
conduct. Dallas County Community College Dist. v. Bolton, 185 S.W.3d 868, 878 (Tex.
2005). Additionally, Texas law has repeatedly required that the duress must come from
the opposing party to the agreement. Lee v. Lee, 44 S.WJd 151, 154 (Tex. App.-Houston
[14th Dist.], 2001, pet. denied), Berry, et al. v. Encore Bank, 2015 WL 3485970 (Tex.
App.-Houston [1st Dist.], June 2, 2015. "The mere fact that a person enters into a contract
with reluctance, or as the result of the pressure of business circumstances, financial
embarassment, or economic necessity does not, of itself, constitute business compulsion or
economic duress invalidating the contract. Stress of business conditions will not constitute
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGE4
416575
duress unless the defendant was responsible for that condition."'' Ffrst Texas Sav. Ass 'n of
Dallas v. Dicker Center, Inc, 631 S.W.2d 179, 186 (Tex. App.-Tyler 1982, no writ).
24. Here, Plaintiffs have not alleged or proven that duress came from the Defendants. And
despite her claim of not being satisfied with her representation, duress cannot come from
the claimant's own attorney. Lee v. Lee, 44 S.W.3d 151, 154 (Tex. App.-Houston [1st
Dist.], pet. denied).
25. There was no coercion or duress. The Defendants neither engaged in any unlawful conduct
or threatened to engage in unlawful conduct in an attempt to get Plaintiffs to agree to the
seitlement agreement that was reached. And Judge Montgomery repeatedly emphasized
to Plaintiff Parks that it was her decision to make, and hers alone. There was no coercion
or duress originating from Judge Montgomery.
26. The agreement reached in open court complies with Rule 11, and is enforceable.
Respect'fully submitted,
PASSMAN & JONES, PC
Is/ John G. Browning
Jerry C. Alexander
alexanderj @passmanj ones. com
State Bar No. U099350U
John G. Browning
browningj@passmanjones.com
State Bar No. 03223050
PASSMAN & JONES, PC
2500 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
Telephone: (214) 742-2121
Facsimile: (214) 748-7949
ATTORNEYSFORDEFENDANT
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW PAGES
416575
APPENDIX 10
CAUSE NO. CC-15-04540-C
TONY A PARKS and § IN THE COUNTY COURT
PARKS REALTY FIRM, LLC §
§
v. §
§
§ AT LAW N0.3
§
§
§
AFFILIATED BANK, et al. §
§
§ DALLAS COUNTY, TEXAS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. In the underlying case, Cause No. 15-04540-C, a hearing took place on Plaintiffs' Motion
for New Trial on June 13, 2016.
2. This hearing took place more than 75 days after the Trial Court had dismissed the case on
March 24,2016.
3. At this June 13,2016, hearing, Plaintiffs were represented by counsel, Jason Berent.
4. At this June 13, 2016, hearing, Plaintiffs' counsel was among the counsel who represented
to Judge Montgomery that the Motion for New Trial had already been overruled by
expiration of law under Rule 329(b) of the Texas Rules of Civil Procedure.
5. During the June 13, 2016, hearing, Judge Montgomery directed the parties to confer
regarding potential settlement at three (3) separate junctures, including one break that
lasted for more than thirty (30) minutes.
6. By the end ofthe June 13,2016, hearing, following the last of these breaks (during which
Plaintiffs conferred with their counsel), the parties announced to the Court that they had
reached an agreement.
CC-16-114640-C
~f~o!MtlS OF FAtl I COMCl.11StoMS Df lA'
FINDINGS OF FACT ANI> CO:-.ICLl SJONS OF LAW
416575
\i\iiillllllllll\111I PAGE I
7. Counsel for the parties announced in open court that F'JaintitTs had --agreed to accept the
generous offer for the defendants to forego ... seeking [the] attorney's fees that's currently
reflected in the judgment that the Court signed March 24, in exchange for full waiver of
any appeal or further filings, (and] release of both Mr. and Mrs. Campbell and Affiliated
bank." Counsel for both sides added that it was to be "a dismissal with prejudice" with
Plaintiffs "giving a full and complete release of Affiliated and the Campbells of any and
all claims."
8. The .defense counsel re-quested that Ms. Parks give her verbal assent to the agreement put
on the record, and Judge Montgomery observed that "it's done if she says so on the record."
9. Judge Montgomery summarized the agreement as "Everybody goes their way, and y'all
stay away from each other, but they drop the judgment against you .., Counsel for Plaintiffs
agreed.
l 0. Counsel for Plaintiffs made it clear to his client that it was her decision, stating '·I'm not
telling you what to do. I'm not pressuring you. lfs your decision."
11. Plaintiff Parks expressed initial reluctance. and Judge Montgomery asked her "What are
you going to do? Are you going to dismiss it with prejudice or not?"
12. When Plaintiff Parks stated .. whatever you guys want,'' Judge Montgomery cautioned her
that ''l can't make that agreement for you.'' She represented to PlaintitT Parks that ·•r can
not make this agreement for you. It's only one you can do.''
13. When Ms. Parks continued to say "whatever you want" Judge Montgomery agam
reminded her "l don't get and will not make that call for you, that is not my place.''
14. Plaintiff Parks stated "I take it. I take it" but repeatedly referred to being "put in this
position" and that she hadn't "had the representation that she wanted to have.''
HNDINGS OF J.'ACI A"'I> CON('LliSJO"iS Of LAW PAG£2
416575
15. Mindful ofthe fact that PfaintitTParks was the only one who could accept the settlement,
Judge Montgomery admonished her that "You either accept their offer now or the judgment
stands. I know what I would like for you, but I can't choose. And the way you're phrasing
i~ it's not good enough. You either accept the deal o-r you say no. Take your pick. Yes, I
accept the deal or, No, I want the judgment against me.'·
16. When Plaintiff Parks tried to claim she was "forced" to accept the settlement, Judge
Montgomery again cautioned her. She stated "Forced, if you put that word in there, it will
not hold, and the judgment will stand against you. I think. Recause it w111 show -eoer-eion,
and then there·s no agreement, and then it won't work."'
17. At that point, Plaintiff Parks stated in open court her verbal assent to the settlement, stating
"l accept the deal." The parties indicated their satisfaction that a binding, enforceable
agreement had been entered into, and the hearing was adjourned.
i8. Tonya Parks is a graduate of the University ofNorth Texas with a B.B.A. degree.
19. Tonya Parks is a licensed relator and owns and operates her own company.
20. Tonya Parks is at least 42 years old and is a sophisticated businesswoman.
21. Pursuant to Texas Rule {)f Civil Pr-ocedure 11. this constituted an enforceable agreement,
having been made in open comt and entered of record. Texas Rule of Civil Procedure I I;
In re Joel Christopher Burton, No. 05-17-00364-cv, Tex. App.-Dallas (Dec. 11, 2017).
22. In a motion to withdraw as counsel for PlaintitTs, attorney Berent judicially admitted the
settlement that had been made in open court stating in his tiling that Plaintiffs had settled
their claim in open court.
FINDI!'IGS OF FACI' AND CO:'IICU:SIONS OF LAW PAGE3
416575
23. Defendants complied with the agreement and did not pursue collection of the judgments
previously taken against Plaintiffs on March 24, 2016. Plaintiffs breached the settlement
agreement, initiating an appeal prose on July 6, 2016.
24. On December 2, 2016; the appeal against Joshua Campbell was dismissed. On December
20, 2017, the Court of Appeals abated the appeal against Affiliated Bank and ordered the
trial court to conduct a hearing to determine whether Parks individually and on behalf of
PRF, entered into the rule 11 agreement, due to coercion or duress and whether this rule 11
agreement is enforceable."
25. There was no coercion. "Coercion exists when a party, by the unlawful conduct of another,
is induced to enter into a contract which deprives him of the exercise of his free will." Man
Industries (India) Ltd. v. Midcontinent Express Pipeline, LLC, 407 S.W.3d 342 (Tex.
App.-Hooston [14th O.ist.] 2013. no writ.
26. under Texas law, "duress''' is often used interchangeably with '"coercion." But a required
element of duress is improper or unlawful conduct or the threat of improper or unlawful
conduct. Dallas County Community College Dist. v. Bolton, 185 S.W.3d 868, 878 (Tex.
2005). Additi.onally, Texa-. law has repeatedly required that the dtlfess must come from
the opposing party to the agreement. lee v. Lee, 44 S.W.3d 151, 154 (Tex. App.-Houston
[14th Dist.], 2001, pet. denied), Beny, et af. v. Encore Bank, 2015 WL 3485970 (Tex.
App.-Houston [1st Dist.], June 2, 20 15. "The mere fact that a person enters into a contract
with reluctance, or a.<> the result of the pressure of business, circumstances. financial
embarrassment, or economic necessity does not, of itself, constitute business compulsion
or economic duress invalidating the contract. Stress of business conditions will not
constitute duress unless the defendant was responsible for that condition.'' First Texas Sav.
f'INDINGS OF FA(T AND CONCU'SIONS OF lAW PAGE4
416575
Ass 'n of Dallas v. Dicker Center, Inc, 63'1 S.W.2d 179, 186 (Tex. App.-Tylcr 1982. no
writ).
27. Here, Plaintiffs have not alleged or proven that duress came from the Defendants. And
despite her claim of not being satisfied with her representation, duress cannot come from
the claimant's own attorney. Lee v. Lee, 44 S.W.3d 151, 154 (Tex. App.-Houston {1st
Dist.], pet. denied).
28. There was no coercion or duress. The Defendants neither engaged in any unlawful conduct
or threatened ro engage in unla"vful conduct in an attempt to get Plaintiff.<:; to agree to the
settlement agreement that was reached. And Judge Montgomery repeatedly emphasized
to Plaintiff Parks that it was her decision to make, and hers alone. There was no coercion
or duress originating trom Judge Montgomery.
29. The agreement reached in open court complies with Rule 11, and is enforceable.
~'1.
Signedonthedateof~i:ebruary,20~. ' td~
JUDGE de
SIGNED BY \~d Pt k\ t'l
i I I~ JUDGE SiHiriG FOR JUDGE
OF COU~TY CO~RT AT LAW N0 . ---==3=---
FINDl:'tiGS OF FACT A~D CONCU ISIOM OF LAW PAGE 5
416575
Appendix 11
Order entered February 15, 1018
In The
Qtourt of appeals
:Jf iftb IUstritt of (texas at JBallas
No. 05-16-00784-CV
TONYA PARKS ANU PARKS REALTY FIRM, LLC, Appelhints
V.
AFFILIATED BANK, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CClS-04540-C
ORDER
The Court abated this appeal on December 20, 2017, so that the trial court could make
findings relating to whether Tonya P:arks, individually and on behalf of Parks Realty Firm, LLC
(PRF), voluntarily entered into an agreement under rule of civil procedure 11, pursuant to which
Parks and PRF forfeited their right to bring this appeal, and whether any agreement is
enforceable. On February 14, 2018, Parks and PRF filed an Emergency Motion To Stay
Proceedings In Trial Court And Reconsider And Withdraw Order That Trial Court Conduct
Hearing On Whether Trial Court Judge Coerced Plaintiffs Into Entering Into A Rule 11
Agreement And, In The Alternative, Motion That Case Be Transferred To Other County Court
To Conduct Said Hearing, indicating the trial court had set the matter for hearing on February 16,
2018.
We REINSTATE this appeal for the limited purpose of ruling on Parks and PRF's
Emergency Motion. We DENY the Emergency Motion. We ABATE the appeal to allow the
trial court to comply with our December 20, 2017 order. This appeal will be automatically
REINSTATED on the earlier of(l) the date when both a supplemental clerk's record containing
the trial court's findings regarding all matters it considered in conjunction with the December 20,
2017 order, and a supplemental reporter's record of the hearing held on this matter have been
filed with this Court, or (2) February 26, 2018.
/s/ ELIZABETH LANG-MIERS
PRESIDING JUSTICE
APPENDIX 12
Order entered March 8, 201&
In The
QCourt of atJptals
.f'iftb JUsttitt of tlttxas at Dallas
No. 05-16-00784-CV
TONYA ¥ARKS AND PARKS REALTY FIRM, LLC, Appellants
v.
AFFILIATED BANK, Appellee
On Appeal from the County Court at Law No. 3
Dallas 'County, Texas
Trial Court Cause No. CC-15-04540-C
ORDER
The Court abated this appeal on December 20, 2017, so that the trial court could make
findings relating to whether Tonya Parks, individually and on behalf of Parks Realty Firm, LLC
(PRF), voluntarily entered into an agreement under rule of civil procedure 11, pursuant to which
Parks and PRF forfeited their right to bring this appeal, and whether any agreement is
enforceable. The trial court held a hearing on February 16, 2018, and entered findings of fact
and conclusions oflaw on February 27, 2018. Following the hearing, Parks and PRF requested
the opportunity to brief and argue issues relating to (1) the trial court's rulings on objections
made during the February 16,2018 hearing, and findings of fact and conclusions of law; and (2)
this Court's orders of December 20,2017, and February 18,2018, relating to the abatement of
this appeal.
We REINSTATE this appeal. We GRANT, in part, Parks and PRF's request for
additional briefing. By March 23, 2018, Parks and PRF may file a brief, not exceeding fifteen
pages, raising only issues relating to the trial court's rulings on objections at the February 16,
2018 hearing and the trial court's February 27, 2018 findings of fact and conclusions of law.
Affiliated Bank may file any response, not exceeding fifteen pages, by April9, 2018. Parks and
PRF may file any reply, not exceeding five pages, by April 16, 2018. No extensions to these
deadlines will be entertained. Oral argument on the supplemental issues will not be permitted.
Is! ELIZABETH LANG-MIERS
PRESIDING JUSTICE
Appendix 13
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APPENDIX 14
CAUSE NO. CC-15-04540-C
TONY A PARKS and § IN THE COUNTY COURT
PARKS REALTY FIRM, LLC §
§
PlaintiffS, §
§
v. §
§ AT LAW N0.3
AFFILIATED BANK; §
AFFILIATED BANK FSB; §
AFFILIATED BANK FSB, INC. §
BANCAFFILIATED, INC.; §
JOSHUA CAMPBELL and §
KATHERINE CAMPBELL §
§
Defendants § DALLAS COUNTY, TEXAS
ORDER ON DEFENDANT JOSHUA CAMPBELL'S MOTION TO DISMISS
Came on to be heard Defendant Joshua Campbell's Motion to Dismiss Under the Texas
Citizens' Participation Act. After considering Defendant Joshua Campbell's Motion to Dismiss
this suit under the Citizens' Participation Act (the "Motion to Dismiss"), the response of Plaintiffs
Ton~arks and Parks Realty Finn, LLC ("Plaintiffs"), the pleadings, and the competent evidence
properly before the Court, the Court finds that Defendant's Motion to Dismiss has merit and should
in all things be GRANTED.
It is therefore ORDERED, ADJUDGED, AND DECREED that:
I. all claims and causes of action against Defendant Joshua Campbell are dismissed
with prejudice to there-filing of the same;
2. all claims and causes of action against Defendant Affiliated Bank are dismissed
with prejudice to there-filing of the same;
cc -16-04640- c
_) COOP
OIIUER - DISMISSAL WIIH PREJUDICE
1041186
ilillll IU~
3. Defendant Joshua Campbell is awarded $62,297.50 from Plaintiffs Ton~arks and
Parks Realty Firm, LLC, jointly and severally, in court costs, reasonable attorney's fees, and other
expenses incurred in defending against the legal action as justice and equity require; and
3. Defendant Affiliated Bank is awarded $29,876.40 from Plaintiffs Tony.rarks and
Parks Realty Firm, LLC, jointly and severally, in court costs, reasonable attorney's fees, and other
expenses incurred in defending against the legal action as justice and equity require.
The Court notes that Plaintiffs entered a non-suit of Defendant Katherine Campbell on and
effective Monday, March 21 , 20 l ~. and that Plaintiffs entered a non-suit of Defendants Affiliated
Bank FSB, Affiliated Bank FSB, Inc., and Bancaffiliated Inc. before and effective before the
hearing on the Motion to Dismiss on March 22, 201& Accordingly, this Order disposes of claims
and causes of action and all parties before the Court and is final and appealable.
SIGNED ON THIS ..Ji_ day of /1?JtMl ,2016
_)
Appendix 15
APPENDIX 16
Day 1 of the lnnovatrons course was very interesting. I'm looking fon.vard to
presenting tomorrow 01 how tec'lnotogy and soc:al r1ed·a can affect custody
cases. New Orleans is a beautiful city. out a ott overv:nelmlng With Mardi
Gras and tne All-Star Game go,ng on!
\
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UHEN V151TING ANEW H005E, lf5 Chat(35)
GJOD 10 U1tLK WHt.lHt.K IHtY HAVE
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'!.ark •'an c!nger Somelimes !t.eellike my gillfriend Siri knows
everything about me ... then other times I feel like my other girlfriend
Alexa knows everything about me ... ifs so oonfusing.
fJ Shawn Tum a ~.1ark 'ian ,_!rrger never mind.
John Browning Unfortunately, there's no priVilege with loT
"girlfriends" like Alexa and Sin. Check out my article in the May
issue of Dallas Bar Headnotes, "Alexa, Will You Testify Against
Me?"
__ ,'<.e 46w
9 Cra•g Haston That just opened up such a world of possibilities!
L.k.e 45w
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o Judge:~~~~.: Mtskel. 4i0th ~~~~~~~~.~ ~~~:-urt
2 )!iJer~ 0 .;~:,-," -,- ·... ·,':;_ 0·-1:a >::..! site: Mitdiett !iiiti!our, jt.
Principal Office in Dallas, Texas
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Eligible to Practice in Texas
PATTERSON LAW GROUP CONTACT INFORMATION
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Graduation Date 12/1985
PUBLIC DISCiPLINARY HISTOP.Y
No Public Disciplinary History
Other States
None Reported By Attorney
Note"
Sanctions that indicate a judgment is on appeal are still in effect but are not final and subject to change. To request a copy of a disciplinary judgmerlt that is not available online or for more information about a specific disciplinary sanction listed
--
above, please contact the Office of the chief Disciplinary Counsel at (877) 953-5535.
The Texas Attorney Profile provides basic information about Attorneys Licensed to practice in Texas. Attorney profile information is provided as a public service by the State Bar of Texas as outlined in Section 81.115 of the Texas Government Code.
The information contained herein is provided ·as is" with no warranty of any kind, express or implied. Neither the State Bar of Texas, nor its Board of Directors. nor any employee thereof may be held responsible for the accuracy of the data. Much of
Saturday May 5. 2018
Bio ..
Greg has practiced law since 1986.
His office has always been located in the Dallas-Fort
Worth Metroplex,
but his practice has taken him all over Texas.
His litigation experience includes:
Personal Injury Commercial Litigation Professional Liability Premises Liability Collection
Employment Disputes Construction Litigation Real Property Litigation.
In these widely varied areas of practice, Greg has represented both Plaintiffs and
Defendants, giving him a unique perspective on factors motivating each side of a case in
the litigation process.
·Greg attafried ms t;acfl·er&s degree frOm Texas A&M tn 19B3 ano fits taw degree !Tom
Texas Tech School of Law in 1985.
He has practiced in large firms of up to 80 attorneys, practiced as a solo for ten years, and
co-founded a firm in Dallas that eventually grew to 12 attorneys.
He began his career with the well-known firm of Cowles & Thompson, and was a
shareholder of Miller & McCarthy until launching his mediation and solo practice in early
2009.
Greg is a member of the Dallas Bar Association, the Tarrant County Bar Association, and
the Sta'te gar ofTexa's. He b'elongs to ttle Alternative DTspute Resort!ttdif sectfofts df eath
of these organizations.
Greg's debut novel, The Price of Life, was published by Otherworld Publications of
Louisville, Kentucky.
Released on September 16, 2010, The Price of Life, is a suspenseful legal thriller about a
family in crisis, a. lawyer struggling to find. his purpose, and the lengths to which some
people will go when they believe justice is denied.
Learn more about Greg's writing and The Price of Life at
www.gregmccarthybooi2016 WL 3569423 (Tex. App.-Fort Worth June 30, 2016, pet. filed,
Case No. 16-0605); Watts Regulator Co. v. Texas Farmers Ins. Co. alslo Kadrey
Semo, No. 02-16-00039-CV, 2016 WL 3569423 (Tex. App.-Fort Worth June 30,
2016, pet. filed, Case No. 16-0606); Watts Regulator Co. v. Foremost County Mut.
Ins. Co. alslo Kevin McCann, No. 09-16-00033-CV, 2016 WL 4045502 (Tex. App.
-Beaumont July 28, 2016, pet. for review filed, Case No. 16-0707).
Represented Defendant/Appellee residential health care facility in a negligence
action, successfully contending that Plaintiff's cause of action was a health care
liability claim and obtaining affirmance of dismissal based on Plaintiff's failure to
provide an expert report. Bain v. Capital Senior Living Corp., Case No. 05-14-
00255-CV, 2015 WL 3958714 (Tex. App.-Dallas June 30, 2015, pet. denied).
Lead appellate counsel representing Defendant/Appellee restaurant on successful
appeal of a take-nothing summary judgment on Plaintiff's Dram Shop Act claim;
matter pending fo'llowing fun briefing and oral argument Faircloth v. Borderlands, a
Southwest Grill, Inc. eta/., Case No. 11-14-00239-CV, Eleventh Court of Appeals,
Eastland, Texas.
Drafted and argued Defendant's proposed jury charge, drafted objections to the
Plaintiffs and Court's jury charges, drafted trial briefs, and drafted the directed
verdict in a personal injury premises liability matter; case settled post-verdict and
pre-judgment. Clayton v. Friends of Fair Park, Inc. eta/., Cause No. CC-13-
00016-B; County Court at Law No. 2, Dallas Co., Texas.
"""' ~ffed Defet"tdanfs l)lo~~ JUlY charge, ofiJedtOfl'S to the Pl~i!1t1ff's aM court's
jury charges, and trial briefs in a wrongful death case involving an automobile
accident; case settled at the eve of trial. Bates eta/. v. APAC-Texas, Inc., eta/.,
Cause No. DC-14-01404, 298th District Court, Dallas Co., Texas.
Successfully represented a truck owner and operator in a mandamus proceeding to
transfer venue by applying the Texas Tort Claims Act's mandatory venue provision
when the truck owner and operator were not governmental entities but a co-
defendant was. In re Hubbard, No .. 05-14-00608-CV, 20.14 Wl4090131 (Tex. App.
-Dallas Aug. 19, 2014), mandamus denied (Oct. 10, 2014).
- Successfully represented a hospital district in a medical liability case on appeal of a
plea to the jurisdiction based on governmental immunity, where immunity from suit
was not waived by the Texas Tort Claims Act. Cervantes v. McKellar, 424 S.W.3d
226 (Tex. App.-Texarkana 2014, no pet.).
Successfully represented mortgage lenders on summary judgment and appeal
dismissing various lender-liability claims brought by the homeowner. Flores v.
Deutsche Bank Nat. Trust Co., No. 02-12-00033-CV, 2014 WL 4109645 (Tex. App.
-Fort Worth Aug. 21, 2014, no pet.).
Successfully represented relator insurer and insurance agent in a mandamus
proceeding compelling enforcement of an insurance-policy appraisal clause. In re
Public Service Mutua/Ins. Co., No. 03-13-3-CV, 2013 WL 692441 (Tex.
App.-Austin Feb 21, 2013, no pet.).
Successfully represented mortgage lender on summary judgment and appeal
dtsmrsstrtg the prl:!mtlff's tel'1det nablnty claltfis assdt:iated With a propl:!rty
foreclosure. Montgomery v. Wells Fargo Bank, N.A., 459 Fed. App'x 424 (5th Cir.
2012).
Professional and Community Activities
The Pines Catholic Camp, Big Sandy, Texas- Board Member (2014-present),
Board Vice President (2016)
Coppell .Education Foundation, CoppeU1 Texas -Board Member (2014-2016)
Coppell Independent School District, Coppell, Texas - Facilities Visioning
Committee Member (2015), Pinnacle 2020 Member (2014-2015)
Housing Crisis Center, Dallas, Texas - Board President (2008-2009), Executive
Committee (2004-2010), Board Member (2003-2012)
St. Thomas More Society, Dallas, Texas- Member (1999-present)
Eagle Scout
Member, State Bar of Texas, Appellate Law Section
Member, Dallas Bar Association, Appellate Law Section
Speeches and Presentations
2017, Hermes Law CE: Dram Shop Liability
2012, Hermes Sargent Bates CLE: Do You Have and Appealable Texas Order or
Judgment?
2011 State Bar Appellate Section-Corporate Counsel Seminar, CLE: Role of
Appellate Counsel Outside the Appeal: Case Evaluation, Motions Practice, Error
Preservation and the Jury Charge
2005 DR/ Asbestos Medicine Seminar, CLE: Daubert-Today Versus Yesterday
Professional Recognition
r::::IBOARD
1.::» CERTIFIED.
Texas Board of Legal SpeCialization
i ! ~ ~ "c t ,~.,f.\ CIVIL APPELLATE LAW
News
09.11.17 SeventeeP Attorneys Designated Texas Super Lawyers
Past Webinars
03.20.18 PC Webinar: What Wil! Be Different wirh Harvey?
Passman- Search
'~ I..DDl!BJ
Ryan G. Cole
Areas of Ex~rience
214-742-2121 ext 3548
214-748-7949 (fax)
Shareholde¥
Obtained numerous summary judgments for clients based on waiver clauses in usage agreements.
Completed and closed an asset purchase agreement for a client in 5 days.
Negotiated a Teaming Agreement on behalf of a small business with an international manufacturing
corporation.
Obtained summary dismissal of a bankruptcy case for fraud by the debtor and an award of attorney fees.
Obtained numerous summary judgments or dismissals of product liability claims.
Represented national construction company in construction defect and premises liability claims.
Represented small businesses in contract preparation and analysis and with employment issues.
Assists health care clients with responses to Medicare ZPEC and RAC audits. prepayment review. and
appeals of payment determinations.
Obtained summary judgment for a client on course and scope and negligent undertaking claims brought by
prominent plaintiff's attorney.
Obtained summary judgment and award of actual and statutory damages for client in contracUfraud case
pending in Oklahoma.
Successfully defeated a Motion for New Trial for an insurance client in Jefferson County.
Successfully set a side a wrongly granted $2 million default judgment
Obtained dismissal of lawsuit by two party Plaintiffs following completion of one of Plaintiffs deposition.
Obtained order compelling appraisal in insurance dispute after lawsuit was filed.
Reported Cases
Examination Management Services, Inc. v. Kersh Weffness. 367 S.W.3d 835 (Tex.App.- Dallas 2012)
Speaking Engagements & Presentations
"Ethics and Use of Technology" -Advanced Civil Trial 2014, San Antonio
"What Small Businesses Need to Know about Contracts, Operation Breakthrough: Break Through the
Barriers and Position Yourself in Federal Government Contracting -A Small Business Perspective!''- April
2010, Austin and Houston; October 2009 in Dallas
Education Memberships
University of Tulsa College of Law Admissions
Juris Doctor. 199 7 State Bar of Texas
Order of the Gurule Chair State Bar of Oklahoma
United States District Courts for the Northern.
University of Oklahoma Eastern, and Southern Districts of Texas
Bachelor of Arts, 1994 United States District Courts for the Northern,
Eastern, and Western Districts of Oklahoma
1Oth Circuit Court of Appeals
United States Supreme Court
As soc lations
Collm County Bar Association
Dallas Bar 1\.ssociation
William "Mac" Taylor American Inn of Court
OU Club of Dallas
MR: JA50N M. BERENT
Eligible to Practice in Texas
BERENT LAW FIRM, PLLC CONTACT INFORMATION
lklr Card Number: 24027143 Tel: 214-692-5800 I..
TX UcntS~ Dat~: 11,101/2000
Primary Praa/c~ Location: Dallas , Texas
5600 Tennyson Pkwy Ste 310
Plano. TX 75024-4050
l>ractia:Areas:Business, Consumer, Ethics-legal Malpractice, Litigation: Commercia~ Real Estate, Construction
Statutoty Proflk Lost Certified On: 02/27/2018
PRACTICE INFOR~1AT!ON
Firm: Berent Law Firm, PLLC
COURTS OF ADMITTANCE
Rrm Size: Solo
Federal:
Oa:upation: Private Law Practice Texas Eastern Bankruptcy Court
Texas Eastern District Court
FfractTce lireas: BusTness, Consumer, Ethlcs-LegaU•Ialpractfce, Utigation: Commercia~ Real Estate, Construction
Texas Northern District Court
Services Provided:
Other Courts:
Hearing impaired translation: Not Specified
None Reported By Attorney
ADA-accessible client service: Not Specified
Language translation: Not Specified Other States Ucensed:
None Reported By Attorney
Fee Options Provided: 0
None Reported By Attorney
Please note: Not all payment options are available for all cases, and any payment arrangement must be agreed upon by the attorney and his/her client. The
State Bar of Texas is not responSible for payment arrangements between an attorney andhis;1ler client.
Foreign Language Assistance:
Spanish
i..AW SCHOOL
School
Degree «,_\
The Firm secured a UNANIMOUS JURY VERDICT in excess of $100,000 on behalf of a family run restaurant in a case that determined the financial future ofboth
the restaurant and the family .
. s·
2'1\ 1~1:.· -'------~~·--~.:-~r- -··--·---------
The Firm secured the COMPLETE VOLUNTARY DISMISSAL of all claims brought against a commercial photographer who was sued under multiple theories of
liability.
\ .. \ \ \.
The Firm secured PERMANENT INJUNCTION against a third-party and interfere with the Company's business relationship with its largest account.
APPENDIX 18
MICHAEL SNIPES
First Assistant District Attorney
DALLAS COUNTY, TEXAS
December 14, 2017
Ms. Tonya Parks
1401 Bristlewood Dr.
McKinney, TX 75070-2728
Re: Request for meeting
Dear Ms. Parks,
Thank you for communicating with our office regarding your litigation in front of Judge Sally
Montgomery. We truly sympathize with your situation.
I have carefully reviewed your complaints. I wish that we had jurisdiction to help you. We do
not. Your issues with duress in her court and appeals are civil matters that must be addressed by you
and your lawyers on direct appeal. As to complaints about the judiciary and lawyer professionalism,
you can refer those to the Judicial Conduct Commission or the State Bar. You should consider these
alternatives.
Thank you again for your communication with our office. Merry Christmas!
Very Respectfully,
Michael Snipes
Fir~t A c::~.ic::t:1nt T)!c::tri('t A ttr•rney
Dallas County, Texas
Frank Crowley Courts Building • 133 N. Riverfront Blvd., L.B. 19 • Dallas, Texas 75207-4399 • 214/653-3600
Appendix 19
-:-exas Eth:cs Cornmissron P.O. Box 12070 Al!Strn. Texas 78711-2070 (512} 463-5800 (TDD 1-800-735-298~)
POUTICAL EXPENDITURES SCHEDULE F
EXPENDITURE CATEGORIES FOR BOX 8{a)
J-..rJvertiSTO EYpense G1ft/AwardsiMemonals Expenst- Sala~res:'NagesiComract '-abO' Loon RcpnymenttRclmburscmcnt
t\Ccour.tHig:SanYM•!J i...£gcl Se;'lcces Solicitatron/F;mdra•s•ng Expense Transport;; lion cqu1pment & Related Expense
Consul:t"J Expen!=.t: !=:')ot::9ever;jqe Expense Travel In 0Jstnct Contr1tut:cnslDor.at.Jons Made By
!:vent '=: -.:.oens.~ Pn~'rfig Expef!s-e Trr.:v.-;1 Out '}f Dts:r:c (:af"mda~e/f"l"tcenotce ../Pol'trcal Comm~ttee
Ft-es F·'ri!ttH<'.J E.xpe~se OH:-:e Overhec.d:;; -=ntdl =.xpense CTYER te:-:tPr :;, c::a:egory nnf l:sted -=ibovc';
The Instruction Guide explains how to complete this form.
3 ACCOUNT # (Eth1cs Comnuss10n Fl:ersi
I
,;·
. ; ;·:j j
8 PURPOSE {a) Cat'lo..~qory ::;.f:'~· :atf'C•':>7·~s .~F·: at:h,Lf,
• •·t ....
j/.,,., ~- _,.(..·,.-~·
// /' ; '.
/7& . ' ~-
I )<. -,7)·-7:[_
;{ I
l..AfiV?. z..t::.~t:.l.!'-t~3"- '-- ·::: .
. --· -· -~--- _/
?URPOSE ;,. Q,s::r:ptiC;'O .·:; ,.
EXPENDITURE
OF /j
Cornpl?.h:: Ul'~! 'f of _t~.-ec: Candidate I Off•C(;i"'o!dcr nan;e
- ----
O!!tce sOu-:;ht Off~ce hefd
"::-p-er.~..>~.Jff- :G t;e~le:l~ ;.._. .. Yi
Pay•.::e nan1e
/ ..:;_
. //.: ./· // / PLAINTIFF'S
A~c.unt 1S.1 Payr•e adc1res!;· C:Hy State Z1p Codr.=
EXHIBIT
-;;~ (} / '
. / t.) (,i L-
~ ;}
' . .J.:' ~-
I .~,!
..{ -:....~
•
.: --\.. /-j 7
I/
/1~-!:t~:./ :..-I]....._
I
• T> 7')L:f))
PURPOSE Oescrlp:ror.
OF
EXPENDITURE ./
Catn;.>let~ •)N~ :f •:hr~::! Ca!"'ldtdate I Off,ceho!c!e: no:une OHic'~ lteld
e).p-;or.ct:ut.:.! ~c uen..:f1! ~~
/// /
I
I
PURPOSE I
OF
EXPENDITURE
/ _ . ;;·/ /.
~-· .:/ ...-" ,... . .,,-·
Cand:da~e .' or:,ceho!der name Office sought Off:ce held
ATIACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
i~ev:scd c~~/~9/20: ~
Texas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 (512)463-5800 (TDD 1-tlD0-735-2969)
POLITICAL EXPENDITURES SCHEDULE F
EXPENDITURE CATEGORIES FOR BOX 8(a)
Advertising Expense Gift/Awards/Memorials Expense· Salaries/Wages/Contract Labor Loan Repayment/Reimbursement
Accounting/Banking Legal Services SollcttatlonlfundraJslng Expense Transportation Equipment & Related Expense
Consulting Expense Food!Beverage Elcpense· Travel In Olslllct Contributions/Donations Made By
Event l:xpense Polling EXpen$e Travel Out Of Dlstm.t. Candldate/Oftlceholder/Polltrcal Committee
Fees Printing Expense Office Overhead/Rental Expense OTHER (Biller a category not listed above)
The Instruction Guide explains how to complete this form.
1 Total pages Schedllle F: 2 FILER NAME . 13 ACCOUNT# (Ethics Commission Filers)
Lt );)2/ ~..,.,.&~/ 1.. -lJiln;~Kh""-l/~/.i'...,.;-· .•
4 Date /7 5 F'ayee nal}l'e ,:1 7
II I:L7/J) .:iU'~, ~.--/u./n.A-?:.,/
6 Amount($) 7 .Payee·address: City; State; ~p Code
fol/h~ S"t. ~o/-IDo
f3o?J7). tJ1J ~~ T'~-: -zs-zo.-z_.
8 PURPOSE {a) Category (&le caregortes Vostedatlhe!Opollhls schedule) lb) Descrip!lon (II traval cutside otra,..s. complete Scnalule T)
OF
EXPENDrTURE
~dLI. ,S'b_'}....(/y-"_,.,_1 ~;v.
9 Complete QW.Y if direct Candfdate I Officeholder name Office sought Office held
expenditure to benefit C/OH
Data· Pay~ name
I Z-/ Z-/1 3 t:.t?A/~b..- U4/, >tlf~..J!X
.:..;
-
Amount($) Payee actd'ress; City; S1ate; tfp Code
"J-tf"7-Z..~J.... ~
//!!()
'PURPOSE
·-
vO
~~-' 1)< 757JD_b
Ca~ (Seecate~eslls\edattiiOIQpolthlssclleduJe) Oescrip!lon {If tmvel OlltSida otTexae. complete Schedule T)
OF
EXPENDITURE ~A/ 6;t~l..a.t'-'' ./7./~·-r--J _v1n~__,
I
Complete QN.1.Y if direct Candidate I Officeholder name Office sought Office held
expenditure to benefit C/OH
Date Pay~ name
/.:l/.P//3 l?/k Lk/~/
Amount· (S) P~ee address; v City; State; Zip Coc:te
3Jt)2. &.dtv~~
l::/./1 ~...., / Tr. 7::,{)1))
PURPOSE Category (See categories II Sled at tl\e lop off/lis schedule) Description (lf-toulsldeofTexas,completoSt118CIUJaT)
N.r~_,. ,;.~ptaA~/ -tf;.c:;R.~-- fjk/-1/;tfft../
OF
EXPENDITURE
Complete QW.:i If direct candidate 1Officeholder name Office sought • Office held
expenditure to benefit C/OH
Date
P~ame '. _ '
I )_jf/;3 ~.---:!/'/A-4 &///-Ch/:1··-··
Amount($) Payee addz:#'ss: City; Slate; ZJp Coda
S"l/1~· 8h~ ~~
. ,_./ . ~]?
jl7.!)d
rl}A.,?id4 / r--~- 7 .s-z. 2 7
PURPOSE Gategory (See ca!egolfeslir.led at the lopQflltla CdMK!ulo) Description (II travel outside ot Telllto, c;omp!etD Schedule l) ,
OF
EXPENDITURE ~,{d..?r/;b;, ".r ll/-t'--odi;z 1~/j(~
·•ft-_.._, !~;r. "?."'"~;.J.1-¥fi/.
r/!/-1.?;. 'p/t-. ·•It• ...(
Candidate I Offlceho(der name Office sought / , ?;
Officehelct0
Complete QtlJ.,Y if direct
expenllltura to Mnellt C/OH
ATTACH ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
www.ethlcs.state.tx.us Revised04/19/2013
EXHIBIT£
POLITICAL EXPENDITURES
FROM POLITICA.L CONTRIBUTIONS SCHEDULE F1
EXPENDITURE CATEGORIES FOR BOXS(a)
AIMlrtlstlg Ell.perlse Event Expense Loan~ SolicftstlOn/Futrdrels!l'lg Expense
~g Faa Oft'lce OYertlead/R.enfal Ellpenaa TransPQI1atlon Equipment a Relafad Expense
CollSI.Illln(ISxpenaa F=d~Baverage~ Polling &pens~~ Tmvet In Dlalrlct
Con11fbu1.lons.DI>nationsMade By GIII/A~rias.Expense Prlnl!ng EJ(pense Travel CUI Of Ols1rfct
CamlldataiOI!ic:alloldedPaWcal Canv!lil1ea ~..ega~ Servk:as SalariesM'ageslcantractl..ebar Olner(ontar a CllleVCIY nctlls!ed above}
Tha lnsttuc:tlon Guida expl~lns bow to c:ompleta thf!l form.
1 Total pages ScnedUie F1: 2 FILERNAME 13 Filer ID (Eihlc:s Commission Filers)
J;tJ 17 _Vk.Lv L .IJ1th-4. .;'~ ...
4 Date p 5 Payeenarf\e .~dl~ ·~
52:,15/m/§· "·'i.W!'s:~A~~· ~ · ?~d?~t~_,UJO·'"·~
,
6 Amount' ($) 7 Payee address: City; Slate..f'Zlp Code
IP.S3 ..we,t -,::~. ~.~- .S'Ie· (locl)
1/?t:>o 4~ ~
~· ~tl-e,s.J Ca. 9~o 7/
8 (a) Category (Set ca't.IQOtles fitlad altllalop ollllir $Cbedula) (b} DescripUon
PURPOSE
0 Clulct B tllM!I auWde or Taar. comploto SdledU!Ip T
0
~~~-
OF Check If Au$1il, TX. olftceha!der living PIKII"'
EXPENDinSRE
l;fl?~ hr;· fi~ /Jd"/'v.;u:sr~
9 Complete QNbY If direct
BJIP&ndllure to b!inellt C/OH
candidate I Officeholder name u Office sought Office held
oats Payee name
W;y/UJtS"
Amount($)
tit ~
Payee address;
Un&"hn .5
City; State; Zip Code
l
Sso~ w L.~ I.Arr....l-
/t>lrx3,87 g)~-~, ~Jt., 7 :rz..2.s
Category (SncalegariaaPsllldsllllltiOpoltl!loschedureJ Oescrfptlon
0 Choct If rrave~OVISide of T-. ~:~~m~ SchB4u(e T
&zit:- '.&dA/;ry Jj/iJ~~
PURPOSE
OF 0 e~ •
Cheek II AUalln, TX. offlcahakler Dvlng
EXPENDITURE
:5t(#~
complete QW If direct Candidate I Of{(cehotder name Office sought Office held
sxpendUure til benefit CIOH
Date Payee nama
'5/f/ZIJI) t1 !J-vtz.trn
Amount($) Payee addres$: City; State; Zip Code
1/;z_S:tJS 11 tJ J:J .2>~,s s-/:
fl)~M 7lf_ 7 s-Go 9
Category (S~• ca~ UstRall/le top of thltlc:nedllle) Oescrlption
0
PURPOSE
OF Af)d/~4~~- 0
Cl1ect If travel 011t:skle ol TeMS. ccrnpi81B SchadUie T
EXPENDITURe
.J1ff $?&-#~ Cl'le1:ll U AUstin, Tll, oltlc::eholder liillng upen$8
Complete ill'!.!,l ff direct Candidate I Officeholder name Office sought Office held
expenditure to benefit CIOH
AlTACHADDmONAL COPIES OF THIS SCHEDULE AS NEEDED
Forms provided by TeJCSs Ethics Commission www.eth1cs.state.tx.us Revised 0411Sf2015
Texas Ethics Commission p 0 80)( 12.070 Austin, Texas 78711-2070 (512) 463-5800 (TDD 1-800..735-2989)
I
1
POUTICAL EXPENDITURES SCHEDULE IF
I
I
.. -
EXPENDITURE CATEGORIES FOR BOX 8(a)
I Advertising Expense Gill/Awards/Memorials Expense SalarletsJVVages!ConttaCI Labor Loan Repayment/Reimbursement
!; Accoun~ng/6anlling Legal Services Sollcita!lonJFundraising Expense Transportation Equipment 4 Related Exp!tllse
Consulting Expense Food/Beverage Expense Travel In District Contributions/Donations Mads By
! E11ent Expense Polling Expense Travel Out Of District CandldateiOfPceholderiPoliUcal Committee
Fees Printing Expense Office Ovctrhead/Rental Ellpense OTHER (enter a category not listed above)
I
! The Instruction Guide explains how to complete this form.
1 1Tolal pages 12
Schedul~ F: NAME l,l "' •• - /
FILER 13 ACCOUN1' # (Elllics Co.m•m.-Iss-ion
FVers)
4;oa~a3 f I J4~.5 -p~~y' -LL-./JI~IJAt!c:JoL....Ioo.,__---'--------
J~!-It~lt¥-J
6! Amo':(t'
__ --~./~J-·~·-·-··-·----·-
~7 Payee':~Jl:t;;;;,:p:;;
; 3S: 71 I --~~n7~/ ·-- -· ·- - -... -
S EY~:itrr::E . _ r:~-~~~:;;;;:_g;::;~:::.t...t.U;..,s~fl..a;;:a:_llil-ll-:0-p-o-l-llu_a_ac:hell---ul-8)-._;l_~..lp&y.::...}
-Des--'!-.c.:...rlptio:...:.:'~.::.n...;:(::zll:..:trw:_et_~_DUISI-·C=:T&~~-
9t complete QJiL,'( if direct c1i~mc:ehclaer name Offi~ sought Office hald
· expenditure to benefit C/OH
~-· ·-·. -- --,: -:=-·=~- - . = :===-·-----=--=--·------·--·-._-_-_-::.,._-_-===-· .. :...:::::.:..=
Date I Pay~ame /' /) A _.
' ~/tl/11 ;__
1 Amount ($)
.~-ttv~--..
Peye~dre~-- -0 Clty!
. ~---·---·-
~ v : State: Zip Code .
e---! Itf2/~I ~~//.:;;:;57RZ
PU~SE Cat~('se~~~;.,.,~~l:r.e:~ol~~eloed:.:la) ,
_
DMcnpt;on \il:r.w•tc"1&i:>*o!Tv> ... compl•1eSelledtlteT)
·-
! EXPENDITURE ~
1
I Complei~·O-N·l-Y-il-d-ir-ect-.!---C-a-nd-1-dat=- /OrU.:;;holdername ·- Office sou;nt - ··--Ofli-e-e-he_l_d----·-· •
! expenditure to benefit CIOH
...:.:·==..:;.;;.·-.-;.;- ---· ·---·--·- . ·:::=====~=-::::--·----·-_·_-
__._·--=====----"--·-·-'-"::....:..C----
Offica held
---·------ .. - _.. --- - - - ... ,_
ATTACli ADDITIONAL COPIES OF THIS SCHEDULE AS NEEDED
www.ethlcs.state.tx.us Revised 04119/2013
----·-..------ -----···----
______ ____ ..
APPENDIX 20
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Writ of Mandamus Granted, Opinion and Order issued May 31,2000
s
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-00-00769-CV
IN RE JOSEPH P. HESSER AND DOUGLAS S. SMITH, Relators
Original Proceeding from the 95th Judicil.ll District Court
Dallas County, Texas
Tthit Court Cause No: 97-1545-D
OPINION
Before Justices Morris, Whittington, and Bridges
Opinion By Justice Whittington
In this original proceeding, relators contend Judge Sally Montgomery clearly abused her discretion by
signing two orders granting a new trial while a motion to recuse was pending. We agree and issue a writ of
mandamus.
Relators filed their verified petition for writ of mandamus on May 11, 2000. Real-party-in- interest Clowers
Freight Management, Inc. d/b/a R&R Transportation of Texas (R&R Transportation) and Judge Montgomery
were given the opportunity to respond but only R&R Transportation filed a response. The underlying facts in
this proceeding are largely undisputed: Relators are defendants and R&R Transportation is the plaintiff in a
lawsuit filed in the 95th Judicial District Court of Dallas County, Texas. Judge Sally Montgomery is the
presiding judge of that court. The case was tried to a jury and, on October 28, 1999, the jury found in favor of
relators on aU rssnes. A take-nothing judgment against R&R Transportation and in favor of relators was entered
on February 7, 2000. On March 2, 2000, Judge Montgomery lost her bid for re-election as Judge of the 95th
Judicial District Court. On March 7, 2000, R&R Transportation filed a motion to disregard the verdict and grant
a new trial. On Apri117, 2000, Judge Montgomery orally granted R&R Transportation a new trial and signed an
agreed scheduling order setting the case for trial. Relators filed a motion to recuse Judge Montgomery on April
20, 2000. The motion to recuse, supporting affidavits, and response reveal an extended history of animosity
between Judge Montgomery and relators' attorney, arising from the trial of the case and the subsequent public
endorsement and support by relators' attorney of Judge Montgomery's successful opponent. The record before us
strongly supports a conclusion that this animosity continues and is the basis for the trial judge's actions in this
case. On April21, 2000, Judge Montgomery signed a written order granting a new trial "in the interest of
justice." On April27, 2000, Judge Montgomery signed an order nunc pro tunc granting a new trial and including
a finding of"good cause."
Upon notice of the filing of a motion to recuse, a trial judge has only two choices--she must either
voluntarily recuse herself or refer the motion to the presiding judge of the administrative judicial district for
action. See Tex. R. Civ. P. 18a(c), (d); Greenburg, Benson, Fisk and Fielder v. Howell, 685 S.W.2d 694, 695
(Tex. App._Dallas 1984, orig. proceeding). The challenged judge should take no other action in the case, unless
good cause exists for taking the action and good cause is stated in the court's order. See Tex. R. Civ. P. 18a(c),
(d). While the motion to recuse is pending, any other order signed by the challenged judge is void. Brosseau v.
Ranzau, 911 S.W.2d 890, 893 (Tex. App._Beaumont 1995, no writ); Carson v. McAdams, 908 S.W.2d 228, 229
(Tex. App._Houston [1st Dist.} 1993, no writ). When a trial judge enters a void order, mandamus relief is
appropriate. Dunn v. Street, 938 S.W.2d 33, 35 (Tex. 1997).
In this case, the order dated April 21, 2000 was signed by Judge Montgomery while the motion to recuse
was pending and that order is, therefore, void. In addition, the nunc pro tunc order dated April 27, 2000 was
signed while the motion to recuse was pending, and it is likewise void. Although the latter order purports to
show that "good cause exists" for the trial court's actions, the order does not specifically state why good cause
exists. Thus, it does not satisfy the requirements of rule 18a(c) or (d). Nevertheless, we conclude that, even if it
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'f/29t2467 S.W.2d 402, 405 (Tex. 1971) (orig. proceeding);
Uvere v. Canales, 825 S.W.2d 741, 743 (Tex. App._Dallas 1992, orig. proceeding). Accordingly, we conclude
the trial court's orders purporting to grant a new trial in this case are void.
In reaching this decision, we necessarily reject R&R Transportation's argument that the agreed scheduling
otdetstgned by Judge Montgomery before'the ttfof1oh tOrectise was filed suffices as an otdet gtanting a heW
trial. We conclude this argument lacks merit. To be effective, an order granting a new trial must be in writing.
Tex. R. Civ. P. 329b(c). A written, signed order setting a case for trial is not a substitute for a written, signed
order granting a motion for new trial because the order setting the case for trial does not adjudicate the merits of
the motion for new trial. Estate of Townes v. Wood, 934 S.W.2d 806, 807 (Tex. App._Houston [1st Dist.] 1996,
no writ). Until the merits of the motion for new trial are adjudicated, and the motion granted, any trial date is
meaningless. Estate of Townes, 934 S.W.2d at 807. Here, the scheduling order does not address the motion for
new trial on the merits.. Accordingly, it cannot substitute as an· order granting a new trial. This is true regardless.
of whether an associate of relators' attorney agreed to the scheduling order at Judge Montgomery's insistence. As
noted above, the scheduling order was meaningless until a valid order granting a new trial was signed.
Mandamus issues upon a finding that the trial judge committed a clear abuse of discretion. See Walker v.
Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). For the reasons stated, we conclude that Judge
Montgomery clearly abused her discretion by entering the two orders granting a new trial while the motion to
recuse was pending. The two orders are void and relators are entitled to mandamus relief. See Carson, 908
S.W.2d at 229. Accordingly, we GRANT relators' petition for writ of mandamus. We ORDER Judge Sally
Montgomery FN:l to vacate the orders granting a new trial dated April21, 2000 and April27, 2000 as well as
the order dated Aprill7, 2000 setting the case for trial. Judge Montgomery is ORDERED to file a certified
copy of the order complying with this writ with the clerk of this Court within ten days of the date of this writ.
This is the second time in as many weeks that we have been forced to address a trial judge's actions that appear
to be the result of animosity stemming from a lost election. We do not condone such conduct and expect it to
stop.
MARK WHITTINGTON
JUSTICE
Do Not Publish
Tex. R. App. P. 4 7
FN:l
1 We have before us a letter from the regional presiding judge indicating that Judge Montgomery has told him
she will voluntarily recuse herself in this case. If an order recusing Judge Montgomery has been entered, we
expect the judge appointed to preside in this case to comply with the terms of this opinion and writ.
File Date[05/31/2000]
File Name[000769F]
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APPENDIX 21
In the name and by the authority of
The State of Texas
OATH OF OFFICE
L·
I, Sally Montgomery , do
solemnly swear (or affirm), that I will faithfully execute the duties of the office of
Coun!J Court at Law No.3 of the State of
Texas, and the County of Dallas and will to the best of my ability preserve,
protect, and defend the Constitution and laws of the United States and of this
State, so help me God.
SWORN TO and subscribed before me by affiant on this the I ~·l day of
P.n.~ ' C)..b\ s
A~~
__.,......~ature of Person Administering Oath
(Seal)
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Wt;.ew-d~t~ m~ lcku;.d.
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Title
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Snbmit to:
SECRETARY OF STATE
Statutoty Documents Section
P 0 Box JJ:SStl
Austin, TX 78711-3550
512-475-0775
512-4'75-281 S- F:u
OATH OF OFFICE
Filing Fee: Noae
IN THE NAME AND BY THE AUTHORITY Of THE STATE OF TEXAS,
I, SALLY MONTGOMERY , do solemnly swear (or affirm), that 1 will faithfully
execute rlle duties ofthe otlTce of JUDGE, COUNTYCOURT AT LAw NO. 3 of
the State ofTexas, and will to the best of my ability preserve, protect. and defend the Constitution and laws
of the United States and of this State, so help me God.
State of Texas )
County of Dallas )
Sworn to and subscribed before me this J>f- day of ~~~..:..:...:.~'----..,-
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Form 210-l 2
TEXAS CODE OF JUDICIAL CONDUCT
Preamble
Our legal system is based on the principle that an independent, fair and competent judiciary will
interpret and apply the laws that govern us. The role of the judiciary is central to American
concepts ofjhstice and the rule oflaw. Intrinsic to all sections ortfus Code ofJudiciai Conduct are
the precepts that judges, individually and collectively, must respect and honor the judicial office
as a public trust and strive to enhance and maintain confidence in our legal system. The judge is
an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government
under the rule of law.
The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges.
They slroul:d also be governed in their judicial and personal conduct by general ethical standards.
The Code is intended, however, to state basic standards which should govern the conduct of all
judges and to provide guidance to assist judges in establishing and maintaining high standards of
judicial and personal conduct.
CANONl
Upholding the Integrity and
Independence of the Judiciary
An independent and honorable judiciary is indispensable to justice in our society. A judge should
participate in establishing, maintaining and enforcing high standards of conduct, and should
personaHy 'Observe those 'Standards ·so that the integrity and independence of the judiciary is
preserved. The provisions of this Code are to be construed and applied to further that objective.
CANON2
Avoiding Impropriety and the
Appearance of Impropriety In
All of the Judge's Activities
A. A judge shall comply with the law and should act at all times in a manner that promotes
public confidence in the integrity and impartiality of the judiciary.
B. A judge shaU not allow .any relationship to influence judicial conduct or judgment A judge
shall not lend the prestige of judicial office to advance the private interests of the judge or others;
nor shall a judge convey or permit others to convey the impression that they are in a special position
to influence the judge. A judge shall not testify voluntarily as a character witness.
C. A judge shall not knowingly hold membership m any organization that practices
discrimination prohibited by law.
CANON3
Performing the Duties of
JudiciaJ Office Impartially and
Diligently
A. Judicial Duties in General. The judicial duties of a judge take precedence over all the
judge's other activities. Judicial duties include all the duties of the judge's office prescribed by law.
In the performance of these duties, the following standards apply:
H. Adjudicative Responsibilities.
(1) A judge shall hear and decide matters assigned to the judge except those in which
disqualification is required or recusal is appropriate.
(2) A judge should be faithful to the law and shall maintain professional competence in it. A
judge shall not be swayed by partisan interests; public clamor, or fear of criticism.
(3) A judge shall require order and decorum in proceedings before the judge.
(4) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and
others with whom the judge deals in an official capacity, and should require similar conduct of
lawyers, and of staff, court officials and others subject to the judge's direction and control.
( 5) A judge shall perform judicial duties without bias or prejudice.
(6) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias
or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national
origin, disability, age, sexual orientation or socioeconomic status, and shall not knowingly permit
staff, court officials and others subject to the judge's direction and control to do so.
(7) A judge shall require lawyers in proceedings before the court to refrain from manifesting,
by words or conduct, biaso.r prejudice based on race, sex, religion, national origin, disability, age,
sexual orientation or socioeconomic status against parties, witnesses, counsel or others. This
requirement does not preclude legitimate advocacy when any of these factors is an issue in the
proceeding.
(8) A judge shall accord to every person who has a legal interest in a proceeding, or that person's
lawyer, the right to be heard according to law. A judge shall not initiate, permit, or consider ex
parte communi.cations cQr .other ,communi:cations made to the judge outside the presence of the
parties between the judge and a party, an attorney, a guardian or attorney ad litem, an alternative
dispute resolution neutral, or any other court appointee concerning the merits of a pending or
impending judicial proceeding. A judge shall require compliance with. this subsection by court
personnel subject to the judge's direction and control. This subsection does not prohibit:
(a) communications concerning uncontested administrative or uncontested procedural matters;
(b) conferring separately with the parties and/or their lawyers in an effort to mediate or settle
matters, provided, however, that the judge shall first give notice to all parties and not thereafter
hear any contested matters between the parties except with the consent of all parties;
(c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before
the judge if the judge gives notice to the parties of the person consulted and the substance of the
advice, and affords the parties reasonable opportunity to respond;
(d) :consulting with other judges or with rourt personnel;
(e) considering an ex parte communication expressly authorized by law.
(9) A judge should dispose of all judicial matters promptly, efficiently and fairly.
(1 0) A judge shall abstain from public comment about a pending or impending proceeding
which may come before the judge's court in a manner which suggests to a reasonable person the
judge's probable decision on any particular case. This prohibition applies to any candidate for
judicial office, with respect to judicial proceedings pending or impending in the courl on which
the candidate would serve if elected. A judge shall require similar abstention on the part of court
personnel subject to the judge's direction and control. This section does not prohibit judges from
making public statements in the course of their official duties or from explaining for public
information the procedures of the court. This section does not apply to proceedings in which the
judge or judicial candidate is a litigant in a personal capacity.
(11) A judge shall not disclose or use, for any purpose unrelated to judicial duties, nonpublic
information acquired in a judicial capacity. The discussions, votes, positions taken, and writings
of appellate judges and court personnel about causes are confidences of the court and shall be
revealed only through a court's judgment, a written opinion or in accordance with Supreme Court
guidelines for a court approved history project.
C. Administrative Resp'Onsibilities.
(1) A judge should diligently and promptly discharge the judge's administrative responsibilities
without bias or prejudice and maintain professional competence in judicial administration, and
should cooperate with other judges and court officials in the administration of court business.
(2) A judge should require staff, court officials and others subject to the judge's direction and
control to observe the standards of fidelity and diligence that apply to the judge and to refrain from
manifesting bias or prejudice in the performance of their official duties.
(3) A judge with supervisory authority for the judicial performance of other judges should take
reasonable measures to assure the prompt disposition of matters before them and the proper
performance of their other judicial responsibilities.
(4) A judge shall not make unnecessary appointments. A judge shall exercise the power of
appointment impartially and on the basis of merit. Ajudge shall avoid nepotism and favoritism. A
judge shall not approve- compensation of appointees beyond the fair value of services rendered.
(5) A judge shall not fail to comply with Rule 12 of the Rules of Judicial Administration,
knowing that the failure to comply is in violation of the rule.
D. Disciplinary Responsibilities.
(1) A judge who receives information clearly establishing that another judge has committed a
violation of this Code should take appropriate.action. Ajudge having knowledge that another judge
has committed a violation of this Code that raises a substantial question as to the other judge's
fitness for office shall inform the State Commission on Judicial Conduct or take other appropriate
action.
(2) A judge who receives information clearly establishing that a lawyer has committed a
violation of the Texas Disciplinary Rules of Professional Conduct should take appropriate action.
A judge having knowledge that a lawyer has committed a violation of the Texas Disciplinary Rules
of Professional Conduct that raises a substantial question as to the lawyer•s honesty,
trustworthiness or fitness as a lawyer in other respects shall inform the Office of the General
Counsel of the State Bar of Texas or take other appropriate action.
CANON4
Conducting the Judge'~ Extra-
Judicial Activities to Minimize
the Risk of Conflict with
Judicial Obligations
A. Extra-Judicial Activities in General. A judge shall conduct all of the judge's extra-judicial
activities so that they :do not:
(1) cast reasonable doubt on the judge's capacity to act impartially as a judge; or
(2) interfere with the proper performance of judicial duties.
B. Activities to Improve the Law~ A judge may:
(1) speak, write, lecture, teach and participate in extra-judicial activities concerning the law, the
legal system, the administration of justice and non-legal subjects, subject to the requirements of
this Code; and,
(2) serve as a member, officer, or director of an organization or governmental agency devoted
to the improvement of the law, the legal system, or the administration of justice. A judge may
assist such an organization in raising funds and may participate in their management and
investment, but should not personally participate in public fund raising activities. He or she may
make recommendations to public and private fund-granting agencies on projects and programs
concerning the law, the legal system and the administration of justice.
C. Civic or Charitable Activities. A judge may participate in civic and charitable activities that
do not reflect adversely upon the judge's impartiality or interfere with the performance of judicial
duties. A judge may serve as an officer, director, trustee or non-legal advisor of an educational,
religious, charitable, fraternal, or civic organization not conducted for the profit of its members,
subject to the following limitations:
( 1) A judge >Should not serve if it is likely that the organization will be engaged in proceedings
that would ordinarily come before the judge or will be regularly or frequently engaged in adversary
proceedings in any court.
(2) A judge shall not solicit funds for any educational, religious, charitable, fraternal or civic
organization, but may be listed as an officer, director, delegate, or trustee of such an organization,
and may be a speaker or a guest of honor at an organization's fund raising events.
(3) A judge should not give investment advice to such an organization, but may serve on its
board of directors or trustees even though it has the responsibility for approving investment
decisions.
D. Financial Activities.
(l) A judge -shall refrain from financial and business dealings that tend to reflect adversely on
the judge's impartiality, interfere with the proper performance of the judicial duties, exploit his or
her judicial position, or involve the judge in frequent transactions with lawyers or persons likely
to come before the court on which the judge serves. This limitation does not prohibit either a judge
or candidate from soliciting funds for appropriate campaign or officeholder expenses as permitted
by state law.
(2) Subject to the requirements of subsection ( 1), a judge may hold and manage investments,
including real estate, and engage in other remunerative activity including the operation of a
business. A judge shall not be an officer, director or manager of a publicly owned business. For
purposes of this Canon, a "publicly owned business" is a business having more than ten owners
who are not related to the judge by consanguinity or affinity within the third degree of relationship.
(3) A judge should manage any investments and other economic interests to minimize the
number of cases in which the judge is disqualified. As soon as the judge can do so without serious
financial detriment, the judge should divest himself or herself of investments and other economic
interests that might require frequent disqualification. A judge shall be informed about the judge's
personal and fiduciary economic interests, and make a reasonable effort to be informed about the
personal economic interests of any family member residing in the judge's household.
(4) Neither a judge nor a family member residing in the judge's household shall accept a gift,
bequest, favor, or loan from anyone except as follows:
(a) a judge may accept a gift incident to a public testimonial to the judge; books and other
resource materials supplied by publishers on a complimentary basis for official use; or an invitation
to the judge and spouse to attend a bar-related function or activity devoted to the improvement of
the· law, the legal system, or the administration of justice;
(b) a judge or a family member residing in the judge;s household may accept ordinary social
hospitality; a gift, bequest, favor, or loan from a relative; a gift from a friend for a special occasion
such as a wedding, engagement, anniversary, or birthday, if the gift is fairly commensurate with
the occasion and the relationship; a loan from a lending institution in its regular course of business
on the same terms generally available to persons who are not judges; or a scholarship or fellowship
awarded on the same terms applied to other applicants;
(c) a judge or a family member residing in the judge's household may accept any other gift,
bequest, favor, or loan only if the donor is not a party or person whose interests have come or are
likely to come before the judge;
(d) a gift, award or benefit incident to the business, profession or other separate activity of a
spouse or other family member residing in the judge's household, including gifts, awards and
benefits for the· use of both the spouse or other family member and thejudge (as spouse or family
member), provided the gift, award or benefit could not reasonably be perceived as intended to
influence the judge in the performance of judicial duties.
E. Fiduciary Activities.
(1) A judge shall not serve as executor, administrator or other personal representative, trustee,
guardian, attorney in fact or other fiduciary, except for the estate, trust or person of a member of
the judgeis family, and then only if such service will not interfere with the proper performance of
judicial duties.
(2) A judge shall not serve as a fiduciary if it is likely that the judge as a fiduciary will be
engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward
becomes involved in adversary proceedings in the court on which the judge serves or one under
its appellate jurisdiction.
(3) The same restrictions on financial activities that apply to a judge personally also apply to the
judge while acting in a fiduciary capacity.
F. Service as Arbitrator or Mediator. An active full-time judge shall not act as an arbitrator
or mediator for compensation outside the judicial system, but a judge may encourage settlement
in the performance of official duties.
G. P'ractice of Law. A judge shall not practice law except as permitted by statute or this Code.
Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give
legal advice to and draft or review documents for a member of the judge's family.
H. Extra-Judicial Appointments. Except as otherwise provided by constitution and statute, a
judge should not accept appointment to a governmental committee, commission, or other position
that is concerned with issues of fact or policy on matters other than the improvement of the law,
the legai system, or the administration of justice. A judge, however, may represent his or her
country, state, or locality on ceremonial occasions or in connection with historical, educational,
and cultural activities.
I. Compensation, Reimbursement and Reporting.
(1) Compensation and Reimbursement. A judge may receive compensation and reimbursement
ofexpenses for the extra-judicial activities permitted by this Code, if the source of such payments
does not give the appearance of influencing the judge's performance of judicial duties or otherwise
give the appearance of impropriety.
(a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person who
is not a judge would receive for the same activity.
(b) Expense reimbursement shall be limited to the actual cost of travel, food, and lodging
reasonably incurred by the judge and, where appropriate to the occasion, by the judge's family.
Any payment in excess of such an amount is compensation.
(2) Public Reports. A judge shall file financial and other reports as required by law.
CANUN5
Refraining From Inappropriate
Political Activity
(1) A judge or judicial candidate shall not:
(i) make pledges or promises of conduct in office regarding pending or impending cases,
specific classes of cases, specific classes of litigants, or specific propositions of law that would
suggest to a reasonable person that the judge is predisposed to a probable decision in cases within
the scope of the pledge;
(ii) knowingly or recklessly misrepresent the identity, qualifications, present position, or other
fact concerning the candidate or an opponent; or
(iii) make a statement that would violate Canon 3B(1 0).
(2) A judge or judicial candidate shall nof authorize the public use of his or her name endorsing
another candidate for any public office, except that either may indicate support for a political party.
A judge or judicial candidate may attend political events and express his or her views on political
matters in accord with this Canon and Canon 3B(10).
(3) A judge shall resign from judicial office upon becoming a candidate in a contested election
for a non-judicial office either in a primary or in a general or in a special election. A judge may
continue to hold judicial office while being a candidate for election to or serving as a delegate in
a state constitutional convention or while being a candidate for election to any judicial office.
(4) A judge or judicial candidate subject to the Judicial Campaign Fairness Act, Tex. Elec. Code
§253.151, et seq. (the "Act"), shall not knowingly commit an act for which he or she knows the
Act imposes a penalty. Contributions returned in accordance with Sections 253.155(e), 253.157(b)
or 253.160(b) of the Act are not a violation of this paragraph.
COMft!JENT
A statement made during a campaign for judicial office. whether or not prohibited by
this Canon. may cause ajudge's impartiality to be reasonably questioned in the context
~fa particular case and may result in recusal.
CANUN6
Compliance with the Code of
Judicial Conduct
A. The following persons shall comply with all provisions of this Code:
(1) An active, full-time justice or judge of one ofthe following courts:
(a) the Supreme Court,
(b) the Court of Criminal Appeals,
(c) courts of appeals,
(d) district courts,
(e) criminal district courts, and
(f) statutory county courts.
(2) A full-time commissioner, master, magistrate, or referee ofa court listed in (1) above.
B. A Counfy Judge who performs judicial functions shaH comply with all provisions of this
Code except the judge is not required to comply:
(1) when engaged in duties which relate to the judge's role in the administration of the county;
(2) with Canons 4D(2), 4D(3), or 4H;
(3) with Canon 4G, except practicing law in the court on which he or she serves or in any court
subject to the appellate jurisdiction of the county court, or acting as a lawyer in a proceeding in
which he or she has served as a judge or in any proceeding related thereto.
(4) with Canon 5(3).
C. Justices of the Peace and Municipal Court Judges.
(l) A justice of the peace or municipal court judge shall comply with all provisions of this Code,
except the judge is not required to comply:
(a) with Canon 3B(8) pertaining to ex parte communications; in lieu thereof a justice of the
peace or municipal court judge shall comply with 6C(2) below;
(b) with Canons 4D(2), 4D(3), 4E, or 4H;
(c) with Canon 4F, unless the court on which the judge serves may have jurisdiction of the
matter or parties involved in the arbitration or mediation; or
(d) if an attorney, with Canon 4G, except practicing law in the court on which he or she serves,
or acting as a lawyer in a proceeding in which he or she has served as a judge or in any proceeding
related thereto.
(e) with Canons 5(3).
(2) A justice of the peace or a municipal court judge, except as authorized by law, shall not
directly or indirectly initiate, permit, nor consider ex parte or other communications concerning
the merits of a pending judicial proceeding. This subsection does not prohibit communications
concernmg:
(a) uncontested administrative matters,
(b) uncontested procedural matters,
(c) magistrate duties and functions,
(d) determining where jurisdiction of an impending claim or dispute may lie,
(e) determining whether a claim or dispute might more appropriately be resolved in some other
judicial or non-judicial forum,
(f) mitigating circumstances following a plea of nolo contendere or guilty for a fine-only
offense, or
(g) any other matters where ex parte communications are contemplated or authorized by law.
D. A Pari-time commissioner, master, magistrate, or referee of a courl listed in 6A(l)
above:
( 1) shall comply with all provisions of this Code, except he or she is not required to comply with
Canons 4D(2), 4E, 4F, 4G or 4H, and
(2) should not practice law in the court which he or she serves or in any court subject to the
appellate jurisdiction of the court which he or she serves, or act as a lawyer in a proceeding in
which he or she has served as a commissioner, master, magistrate, or referee, or in any other
proceeding related thereto.
E. A Judge Pro Tempore, while acting as such:
(1) shall comply with all provisions of this Code applicable to the court on which he or she is
serving, except 'he or she is not required to comply with Canons 4D(2), 4D(3), 4E, 4F ,4G or 4H,
and
(2) after serving as a judge pro tempore, should not act as a lawyer in a proceeding in which he
or she has served as a judge or in any other proceeding related thereto.
F. A Senior Judge, or a former appellate or district judge, or a retired or former statutory
county court judge who has consented to be subject to assignment as a judicial officer:
(1) shall comply with all the provisions of this Code except he or she is not required to comply
with Canon 4D(2),4E, 4F,4G, or 4H, but
(2) should refrain from judicial service during the period of an extra-judicial appointment not
permitted by Canon 4H.
G. Candidates for Judicial Office.
(1) Any person seeking elective judicial office listed in Canon 6A(l) shall be subject to the same
standards of Canon 5 that are required of members of the judiciary.
(2) Any judge who violates this Code shall be subject to sanctions by the State Commission on
Judicial Conduct.
(3) Any lawyer who is a candidate seeking judicial office who violates Canon 5 or other relevant
provisions ofthis Code is subject to disciplinary action by the State Bar of Texas.
(4) The conduct of any other candidate for elective judicial office, not subject to paragraphs (2)
and (3) of this section, who violates Canon 5 or other relevant provisions of the Code is subject to
review by the Secretary of State, the Attorney General, or the local District Attorney for
appropriate action.
H. Attorneys.
Any lawyer who contributes to the violation of Canons 3B(7), 3B(10), 4D(4), 5, or 6C(2), or other
relevant provisions of this Code, is subject to disciplinary action by the State Bar of Texas.
CANON7
Effective Date of Compliance
A person to whom this Code becomes applicable should arrange his or her affairs as soon as
reasonably possible to comply with it.
CANONS
Construction and Terminology
of the Code
A. Construction.
The Code of Judicial Conduct is intended to establish basic standards for ethical conduct of judges.
It consists of specific rules set forth in Sections under broad captions called Canons.
The Sections are rules of reason, which should be applied consistent with constitutional
requirements, statutes, other court rules and decisional law and in the context of all relevant
circumstances. The Code is to be construed so as not to impinge on the essential independence of
judges in making judicial decis-ions.
The Code is designed to provide guidance to judges and candidates for judicial office and to
provide a structure for regulating conduct through the State Commission on Judicial Conduct. It is
not designed or intended as a basis for civil liability or criminal prosecution. Furthermore, the
purpose of the Code would be subverted if the Code were invoked by lawyers for mere tactical
advantage in a proceeding.
It is not intended, however, that every transgression will result in disciplinary action. Whether
disciplinary action is appropriate, and the degree of discipline to be imposed, should be determined
through a reasonable and reasoned application of the text and should depend on such factors as the
seriousness of the transgression, whether there is a pattern of improper activity and the effect of
the improper activity on others or on the judicial system.
B. Terminology.
(1) "Shall" or "shall not" denotes binding obligations the violation of which can result in
disciplinary action.
(2) "Should" or "should not" relates to aspirational goals and as a statement of what is or is not
appropriate conduct but not as a binding rule under which a judge may be disciplined.
(3) "May" denotes permissible discretion or, depending on the context, refers to action that is
not covered by specific proscriptions.
(4) 1'De minimis" denotes an insignificant interest that could not raise reasonable question as to
a judge's impartiality.
( 5) "Economic interest" denotes ownership of a more than de minimis legal or equitable interest,
or a relationship as officer, director, advisor or other active participant in the affairs of a party,
except that:
(i) ownership of an interest in a mutual or common investment fund that holds securities is not
an economic interest in such securities unless the judge participates in the management of the fund
or a proceeding pending or impending before the judge could substantially affect the value ofthe
interest;
(ii) service by a judge as an officer, director, advisor or other active participant, in an
educational, religious, charitable, fraternal, or civic organization or service by a judge's spouse,
parent or child as an officer, director, advisor or other active participant in any organization does
not create an economic interest in securities held by that organization;
(iii) a deposit in a financial institution, the proprietary interest of a policy holder in a mutual
insurance company, of a depositor in a mutual savings association or of a member in a credit union,
or a similar proprietary interest, is not an economic interest in the organization unless a proceeding
pending or impending before the judge could substantially affect the value of the interest; and
(iv) ownership of government securities is not an economic interest in the issuer unless a
proceeding pending or impending before the judge could substantially affect the value of the
securities.
(6) "Fiduciary" includes such relationships as executor, administrator, trustee, and guardian.
(7) "Knowingly," "knowledge," "known" or "knows" denotes actual knowledge of the fact in
question. A person's knowledge may be inferred from circumstances.
(S} '1Law'r denotes court rules as well as statutes, constitutional provisions and decisional faw.
(9) "Member of the judge's (or the candidate's) family" denotes a spouse, child, grandchild,
parent, grandparent or other relative or person with whom the candidate maintains a close familial
relationship.
(1 0) "Family member residing in the judge's household" means any relative of a judge by blood
or marriage, or a person treated by a judge as a member of the judge's family, Who resides at the
judge's household.
(11) "Require." The rules prescribing that a judge "require" certain conduct of others are, like
all ofthe rules in this Code, rules of reason. The use of the term "require" in that context means a
judge is to exercise reasonable direction and control over the conduct of those persons subject to
the judge's direction ·and control.
(12) "Third degree of relationship. "The following persons are relatives within the third degree
of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child,
grandchild, great-grandchild, nephew or niece.
(13) "Retired Judge" means a person who receives from the Texas Judicial Retirement System,
Plan One or Plan Two, an annuity based on service that was credited to the system.(Secs. 831.001
and 836.001,V.T.C.A. Government Code [Ch. 179, Sec. 1, 71st Legislature (1989))
(14) "Senior Judge" means a retired appellate or district judge who has consented to be subject
to assignment pursuant to Section 75.001, Government Code. [Ch. 359, 69th Legislature, Reg.
Session (1985)]
(15) "Statutory County Court Judge" means the judge of a county court created by the legislature
under Article V, Section 1, of the Texas Constitution, including county courts at law, statutory
probate courts, county criminal courts, county criminal courts ofappeals, and county civil courts
at law. (Sec. 21.009, V.T.C.A. Government Code [Ch. 2, Sec. 1601(18), 71st Legislature (1989)])
(16) "County Judge" means the judge of the county court created in each county by Article V,
Section 15, of the Texas Constitution.(Sec. 21.009, V.T.C.A. Government Code [Ch. 2, Sec.
1601(18), 71st Legislature (1989)])
(17) "Part-time" means service on a continuing or periodic basis, but with permission by law to
devote time to some other profession or occupation and for which the compensation for that reason
is less than that for full-time service.
(18) "Judge Pro Tempore" means a person who is appointed to act temporarily as a judge.
APPENDIX 23
CAUSE NO. CC-15-04540-C
TONY A PARKS and PARKS REALTY § IN THE COUNTY COURT
FIRM.LLC §
§
v. § AT LAW N0.3
.JOSHUA CAMPBELL, ET. AL. *§ DALLASCOUNTY,TEXAS
AFFJDA \'JT OF TIFFANY MARTIN
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME. the undersigned authority, personally appeared Tiffany Martin, who. being by me duly
:morn. tkpt':-~J a~ li.,Jiow:;:
"\ly name is Tiffimy Martin. lmn over 21 years of age. of sotmd mind, have never been
.:t 111\'iCtL'J uf U felony or Other crime, and om fully competent am{ able to testify to all matters
,JU.::o.tt:d to h~rcin. I have pt..•rsonal knowledge of the facts stated herein and they arc all true
anJ C\lll'CCt.
..,
\ly hu:;band is Chris Ovatl~. Chris and I ~ought lo purchase a home in lhe spring of2014.
found Joshua Campbell on the lntcmct when t\.':'eCd a prompt response. Thi~ wa ..; n:ally emphasized.
.f. Clu·i:; and I tlu.:n gathered certain lin;md:1l documents Lhal the Campbclls rcqucslcd. TI1is
indudcd things lil..c t:~x rctums. pay stub:-; and hank ;~ccount stutcmcnts. 1 sent those to the
l!Qt for Mrs.
J>ark::-, we proQ<)bly W~luld have giy~n .up. But shetold us Lo slily strong and was fully
StJf)fXll'liVC.
I!. K-.nh¢t·in~ then told'Jlte·that Chris .w.ts dpj)ro\·cd J(>r a higher loan pay~nt She also
cmt>hasizN:I'thatwc would110t necd-toh.ave. any reserves and that we wpuld bc.able to·ctosc
- witbintbr()¢weck$ o.fg~ttinga new (:onrn.ct. .·
I~. ·With thJsb~,o~lls on ,our behalf. M~. Pl.\tksund~rstoodourHving
~;~ituati611 an4 the i~-su~s with the itllpQ!ll}iug s~.\lmol year, s(l sh¢ really apprecinted our
predicame!1L ~hd wel)t the extra 't11il¢ JQt o.~. · · · · ·
16. As a rrls. K;1t1tedn~ JJnally look tllY callol wanted re-co~ that l\ic,verc dcfiJtitcly gQing,-foclosc on B(owni11g;. I.
cmphasitcd:to Katherine my noedJor thisiuformation b~a.usc ofthe upcom1hg school year.
17. Katberi.ne told ine that ·everylhing was okay and Logo allCa({ and enroU my children in scbooJ
in the Grand l'rairi~ISP. She said we wotdd be cl9$iQt~ a. few days after scb<>ohtarted. This
tumcd out to nt)the true. Instead, wee did r~ot close> on the Browning P-roperty untiJ
approximately three weeks after school started. · · · ·· ·
For npproxin)ately three weeks. 1drove n1y !bur chil~ren tp tlt~e different schools. I bad ro
travel 11~om Jrving to Qrtmd Pwirie l wi(,:c a day, oncefor drop offand once fur pick up, Making
n~tltcr~ worse; !JaCh ~>chool started and M. OL(I.a( diJretenn.in'lcs,; It was basically a live hour
f!r6cess. N the sqme time. r was trying ti} hoJddn\\'t1aJob, It was a nightmare.
19. During this time petiod 1 we startedhavillg the·same problei}J.~ with.the Campbell ream as we
· had on the AUebrro. pmperty. As we tl®l'ed wh;Jt \v¢ thougttt was our ei()Siqg ~te. the
Cmnpbelts bcgan·~skif!g ·lor iniQnnation again .•. . Thcy\Xant¢<1 additional ba'nk . stat¢ments,
. addlti()llal pa:y ~1Ub$· and even a copy of Chris; divotce decreEt This was rather bl~ sinCe
<;h!is w<1s niwcrdi\i()recd, · · ·
.J Willi \:otwcrlw~ 'a~o~ttWhat was gi)ing OJ), s6la~1ttht tried to contact Katherine. Jtishis before.
Kathctinc refused to t?i·mnunicat¢ with me. ·.On~ .in, it Wa$ a,o; a resultofM~. Parks'
cOhrts that lttltimat¢ly gota reSI'()ilsc. · · .. · ·
. 2J, . As it tums out, Katb~ed: . rfound m•fWhcllJosli Cmnpl:Jcll. c~lted nl{:! qut ofth~ blue; He told me that Katherine
w;1s in hison1ce cMng ~~p.usc we needed r<..>.setYcs. ·
·. Chris had a 40l"'k.~scou~tUl~t had $mnc .,~<>ncy:in it, b\.!tltwS that wc$udP.enly 11¢c(jed. ·. ·We w~n~ al-i9otto .Jps~: ..a scc()n
~
23.' Thedosingdate kept changing.. We were protJli~¢,4 one dosin,gdat~afier another. Atone
poim, Kath~liHI.! tJ:tlfJrpl)tcc,Q in writiug thllt~ ihel<>~ilf\\~is ~pprowd that we wouJ4 be ckising
on or bcfhr<; Friday; SCpt~:mbl.!r 5. 2!H 4. This da~ ~,.'llUW nndwl,!nt and we did not do$e. We
did not dose on thc:Browning Property uhJil SeJ)letiibkr lO; 2014, .
On the date of dosing\ .Ch ds and! g1wc Mt:s. ·•ra.rkk,Oowers and .':l.c<\rd. A cQpy of the card is
attached
' . ·.. .
to:·.·mvAtridaviti.iS Exllibil.'-.,_ [tsavs:
...... ··-::,·>····.-.:'<"'\· :·. :.' . ····.,'i'"
· ··· · ·
We ctm'fil~a}lkyou enough t{u· everything!)"i>l! arc. an~aziug! Ul~Y.Qu!H
\Vc Ltl!> ·· ·· · ··· ·· · ·
Tiff&Cllfi~
. . .
is. . Chris and l •al$o ~\1\)te a letter .tu Mrs~ P<\rks tl~~'~·lfghtb~fQre closing. ·A CUrgratilud~ to you!· Weru~ thtlnk.fultieyond\\f0rds! No~ oply ~re
you mmszing at your job, but yot1 are..tb~:dC:finition .ofb~;-autit\ll! lllsideand
Ou.t! Yi>u h ilt wl#~li. Jo~h
·. {2at~1pb¢U. tficd ·bla11JC M.rs· :Pllt:~ foratr,-rftbc problcn't,-; we ~xp~Jicnccd througllQUt:~·two
· ·. tra~~a~~~oit:;. Chris and ln~~iced ~hat the posting w~s ~.er1Jysimil¥iP .ourc(Cpcr:te~ce a~ what
\va.-> iitMt. C.1mpbcll's c-n1ail~; bttt i~ctiUtied the wrot1ii~d guy:· . . . . .
·: ·, >':;·:.\:._· '
2R lt\~.a<' ~! this lintc that J re•ncmbercd K<\thcrlnc tcUin~ md 'slibnly.l:iplore closiQg that she WQ~ld
nevcrd() business \Vith;M11;;,Pat~s evet··again, .. , .. . .
29. · M1'l;; Pttrks. was. always thcreJ()r~us. She Wflh.e .tt.1tcr was forMrs, Park,s to,pmvide to Affiliated Ba.tk,.
· · J~cnusc Josh.0101J>bctl denied ibnt he made the Rip(lffR:cJ!<)J$ipos~iog. It isattac~da.s~b1bjt
·4 to my An'i(javit. ·· · . .· . . ' • · ·.
. . . .
3J. lbavc now lcMncJ th*.Mi\:(1unpbgH lied to Mn>. Parks a~t4Afntlatcd Baok.when h~ gerijed
makirig 'the tCtTibly derog~tory un~.fal:~cJ ntcrnct j)<,)Sling ~houtMrs. Parks. H
~/f··.·.· IJ:'-::
.· C·ii~.·····.f3::~
-----------------------
_/
To Whom I& M•x Coaeem:
rm writing this to tell you about our experience with Josh Campbell's office.
We started our home buying process in mid-April of2014. Through an online search we
found Josh Campbell. We called and gave them all of our information and we were
told without a doubt that they could get us into a home. They then referred Tonya Parks
to us for our realtor needs. We called her and started the house hunt. We finally found a house in
our budaet and put up the earnest money. The hou$e was loin& to be a rehab home so granted the
procesS is a little more difficult. We started getti!lg bids for the repairs on the house which some
we had to pay for not to I!}Cittion getting the utilities turned on in our name so that inspections
could be done. It took us 'approximately a month to get all the bids and everything ready for
closing. During ~s time it was impossible to get a hold of anyone in Josh Campbell's office.
Repeated phone calls, emails and text messages from myself and Tonya with absolutely zero
response for weeks! When I was finally able to get a hold of Katherine I checked with her to
make sure it was ok to put in our notice at the townhomes we have lived in for 7 years. She
assured me everything was fine we would be able to close June 30th and to go ahead and put the
notice in. About a week or so before we were supposed to close Katherine informed us that
closing was going to be delayed about 2wks. Well since we already put our notice in at the place
we lived for 7 years, we weren't very happy with that news... but we bad a friend offer to let us
stay with her for those couple of weeks. After that conversation communication was again
nonexistent. Tonya and I couldn't get a reply to numerous emails, text messages or phone calls.
When I would ask Tonya why won't they reply to us? Her reply was always, "I don't know let me
try." About a month after we gave up our townhouse we got the bad news. We aren't able to get
the house due to it being a rehab home and the credit score dropping some but we were told we
could get into another house with zero money down and zero reserves and they tXluld close us in
3 weeks. Needless to say-~ were completely frustrated beyond belief: Actually frustrated would
be a huge understatement. Not only were we out about 3 thousand dollars we invested in
that home, we gave up our home we lived in for 7 years and were living in a 2 bedroom place
with a fiiend, her 3 kids, the 2 of us and our 4 kids and school was also starting in about 2
weeks. We had zero clue where our kids were going to go or what we needed to buy them as far
as school clothes or supplies. The entire summer was wasted on that house. Tonya reminded me
to stay positive and that everything happens for a reason. We then started the house hunt again.
We found. a house put the earnest money up apin and informed Josh's office. I talked to
Katherine needing reassunmce that this was a done deal because of the obvious. And explained
to her that I needed to enroll the kids in school and my kids have been at the same school with
the same friends since KG and I really didn't want to enroll them for a week just to have to
switch them. She said we will close in 3 wks. I enrolled my kids in the school by the new house.
OuT new house is in Orand Prairie and we were Irving at the time. So I knew for a couple days I
would be driving our kids to and from school for a couple days until we closed. Then once
again. •. communication with them was halted. No responses to emails, text messages or phone ·
calls. With numerous ~ts from myself and Tonya. We knew something was up.
Tonya finally sent an email to their office with everyone involved copied on it, in effort to get
some sort of response from them. The next morning (September 3rd) we get a completely
unprofessional email from Josh discrediting Tonya and being extremely condescending•toiiiimiie~.~~~­
EXHIBIT
I ~
L---------------------·--·-·"·----·--·--------·---·----------------·--------··----------·----·-----·-----.---------------·--------·---···-·---·-------
(AlludiD& to the fact that I am so feeble minded I let Tonya persuade our opinion of their office.)
I wrote him back and informed him that Tonya bas been absolutely nothing but professional and
u.ntil his email I bad no id.e(there was any conflict between them. Which is the absolute truth. I
knew we were all frustrated with everything that bad taken place and I knew that Tonya and I
wen equally frustrated with the lack of commUI'lication with their office, but before his email I
had no clue it was anything other than that. Later that afternoon (The day we were supposed
to close) I aot a call from their office and Josh informed me that Katherine was cryina and there
was another issue which and we now needed. reserves in order to get the loan. Then Josh
informed me that they are going to make this work and I needed to do one thing... "Keep Tonya
otfhis beck!" I was in complete shock when he told me this. I don't understand to this day what
they think Tonya did. She was just trying to get answers to questions we had. We figured out on
our own that their lack of communication meant something was wrong due the history. But they
were adaman1 that Tonya was just making them look bad Even after I told them that we formed
our opiDion of them based on our experience with them. Tonya called me and told me her name
being slandered on the internet. I looked it up and read what was written. Once I read it I bad
zero doubt who wrote it. It was way too similar to our current situation and too coincidental
that Tonyahas never bad conflict like that with any client and all of a sudden this pops up... ript
after everythina that bapPJJitd, My heart broke for her when I read that. I know &om OW'
pmonal experience with.her that nothing in that report is true; The fact that someone can just
post complete lies and tarnish her good reputation breaks my heart. We were told on closing day
by Katherine that they needed a good review from us. And a lot of emphasis was put on them
ptting a good review. It was to the point of threatening. Like if we didn't give a good review we
wouldn't get funded. Katherine even called me after we signed the closing documents before
fimd:ina went through and asked us if we completed the review. She also informed me that they
will never work with Tonya again. I still don't know what Tonya did to warrant their behavior
and opinions other than try to get answers for us. I really hate that over this nonsense Tonya's
name bas been forever tarnished. She doesn't deserve any of this. Throughout the very long
process we never once doubted she genuinely cared for us and sympathized with what we were
made to endure. We really hope she manages to recover from all of this but it breaks OW' heart
that she bas to be put through it at all.
Sincerely, • _.,
Tiffany Martin '
_/
---------------------·····--···-····---···-·-·······-·-···
\0 t. to-r').. ~'( '-t ""'-
e~~"' ?:,r e_~~~!
'--\0\A. 0- rt. o.ff'O."t.~(\.~ ~ .
-rhO.(\ t- "-\ l \ I. ~"
Du._ e I
\(y L~'i6..l-l•
Ji}- l('q. ~ ~hfiS
s::1
PAPYRUS"'(
*
THANK Y"OU S 0 MUCH
TY 5186317 <1.1 Jean Culture I & Cr.. tlve Co .. Ltd.
workspace w ebmau :: t'nnt t~age 14 ot 1;:,
Subject: RE: Ovalles Update
r From: tJffanymartin1982
Date: Tue, Sep 02,201411:13 am
Katherine Campbell , Tonya Parks
To: , Chri& From Hetl , Team Josh

What happen to closing tomorrow? Wrrt Isn't that possible now? I am seriously driving close to 5hrs a day just doing
school drops offs and pick ups. Plus working in Fort worth. This is supposed to be an exciting time for us and while we
are very excited about the house". this whole process and the last 4 months have be&n been completEIIY miserable.
We gave up our place we lived in for 1 + yrs. We were seperated from our children the whole summer. (\Nhlch has
NEVER happened their entire lives} We are staying in a 2 bedroom place right... with a total of10 people... 1 of which
are children. Last Friday came and I had to tell our amazing and under&tanding friend'". well it's going to be weds.•. now ,
here it is day before and I have to ten her it's going to be Friday. We are trying to stay positive but this whole proc:es.s
has been absolutely miserable. And honestly•.. it feel& like we just keep getting the run around. So it's hard to get
excited about anything because it's been back to back let downs. I understand things have been busy for everyone but
our entire fives have been tumed upside down. Now that I have vented... is Friday a FOR SURE DEAL?
- - Original message ---·--
From: .Katherine Campbell
Oate:09102/2014 10:15 AM {GMT-06:00)
To: Tonya Parks ,Chris From Hell ,Tiffany Martin ,Team Josh
Subject Ovalles Update
Good Morning!
: We hope you had a great weekend! (your last one not in your new hornet)
· I wanted to send you an update that your roan is on the log for clear to close. :} We wiH get it tomorrow and then send
that for TSAHC's clear to close. We will get docs out Thursday afternoon for a Friday closing.
I will send an update to the agents. We'll keep you posted if we need anything from you.
: Thankyoul
· Cordially,
, Ktttherit'le Campbell
! loan Manager for Josh Campbell
' kcanm~ll@affillat!!dbank.com
, 405 State Highway 121 Ste 250A
• Lewisville, TX 75067-8214
· Main Office Line (214) 929- 1733
• Cell (469) 396 - 2202
: Fax (866) 472- 2891
httos://email06.secureserver.ne1Jview orint multi.oho?uidArrav=1141071INBOX.ll40791I... 3/10/2016
- --.1;1'- - -- -
Print l Close Window
Subject Re: [FWD: Re: OY.U. • 73140808011
From; JCMJh Campbelt
Date: Wed, Sep 03. '2014 3;11 am
To: Tonya Parka
ec· Katherine Campbell , 1lffllny Martin
. ~1--ahoo.com>
[ Tonya. Jeanl begin to express how disappoinfad I am with your email, but as I told you earlier. rd respood before
i morning if il took me all night to get to the bottom of this. I have spent all night aucltlng the email d'laina and
:--~
\ VUlt 'Ill.,.........,. • •
j I'll be happy to share with yoo the results of the audit of emai1s, but here's the gist • but ttwe are hundreds of email •
; ~ l didn't deteCt much frustnltioo from Tdl'any or Chris other than after an emai push from Tonya to move the dosing
, ctme up tom what was atraady agreeable for this coming Frtday (albeit. not perfect) -we said we would do our best.
'r rve got the emaita:
• Prequallfttd AND referred to YOU on 4/18
• .Apprarlmal8ly 5119- found and executed a 203k HUO REO property (you should have managed expectations
as an agent to1he-c:ompledy of getting \1idsc ~)
• Almost 2 months pees befofe .we have enough to .order appraisal .with bids ,(7115)
• Reaflor falls to manage expec:tationa abOUt how long an appraisal takes, and buyer is disappointed to ftncl out ifs ·
notimmedla*e ·
• 7.121- We notify appraisal due on 7124 and check with investor on tum time....
• 7129 -FICO acore dropped - need to regroup ·Tanya notified of extension needed and acknowledged she was
in the loop
• 7129 - KC indic:at8d we cannot commit to date baaed on new situation
• We provided alternative with new DPA program
__....\ • 8118 -KCcannotmake promise, but acknowledged that we will pay for appraisal
• 8121 - Chlis finllhes dassel forFTHB
• 8126 - Tonya takes credit fOr getting EMO back from HUD • gives no aedi\ to hOW we assisted in 1hat process by .
malting lure the imteator withdrew the application rather than "deny'" in FHA oormedkln which le plotocol- ~ i
would have make it mote challenging to get another loan from FHA (wrq to go Tonya- you keep 88¥ing the day)
• 8fl.7 - KC sets expectations for foDowing Friday and Tlf'fany akrtowkldged, but Tanya backs her tmo a corner to
which she replies she will do her best to TRY - but no commitment - explained was waiting on some paperwork
• 912 - KC - set expectations for closing on Friday
' This is the short version(~ were other twials and tums, but I think you get lhe point).•.! have saved hundreds of
email chains - and I haven, finished looking through the ones that didn't mclude everyone. I cannot find very many
times where there were more than a few days of gap of email - not to mention tmct, phone, and other email& sent to
other; parties or inboxes.
; Tiffany- I'm very very sorry you experienced this buying your home. lfs almost over, and I hope you'll be able to look
! back and remember that we ALL worked very hard to get this done for you and your family. The HUO ~was an
\ . . battle. The new property will ~ wihin a few weeks using dawn payment assistance (not aa easy aa it sounds •
r but, we. did find and fac::ilitate the program - see emaiJs from August that I can send if needed regarding Tarta'lt county
, aAd etate programs - explaining the differences- atl doc::ument8d wilh smiley faoes.) . tf Tonya has made you believe
r that we ~failed you because she and my ofti<:e aren't womng well together currently (allhough. wtlve ntN8f 18kl
, anything negative about her to you as she did in the previous emaU aboiJt my conversation wJth her eal1ier (Which was
r between her and I· not very professional fer her to share), then I take fuU responslbllly, but you have been very well
: _sefVed - and I hope you can see past the no1sa and reaf!Ze that at some point.
~
: Buying a HUO property is more difficult than most.. ,buying one that needs rehab is even more challenging - which is
; why It took 60 days to even order an appraisal.... .adding down payment assistance to the mix only adds more
-· 1ayers. ...but, if you look at your ema11s (and I looked at ALL of them), you'll notice that an of our emails were handled
' with grace, timeliness. and class. We didn't point ftngn ....the longer these things drag out. the higher probability that
i 11\e very beginnmg-"' face.... I
something .else can get int he way... .lt's just the nature of how it WQifcs...We sat down in my oft'ice and dllcusaed!his in
~~~If<,
ds
httos://email06.secureserver.net/view orint multi.nbn?uidArrav=1140.,_fMR!III!M!11111"'-
I c~fbdl
.. 3/ll/2016
f!!n! l Close Window
SUbject Re: (FWD: Re: OValles - 7314080801]
From: TiffanJ Martin
Date: Wad, Sep 03. 2014 10:45 am
To: Josh Campbell . Tanya Parks
Cc; Katherine Campbell
' Until these emaits we have been unaware of any issues between you guys. Tonya has
: been nothing but professional and hasn•t mentioned any of you in a negative way at an.
Bottom line is this ... Any opinion that we have formed in regards to this whole situation
and your branch has been based solely on our personal experience. Look, in my opinion
; we are not difficult people to work with. (Correct me if I'm wrong, Katherine??) We are
i very easy going, retum all requested information promptly and we are very,
; very understanding. When the Hud property fell through, atthough disappointed (because
! we had a lot time and money invested) ... we still remained positive and optimistic. We
: believe everything happens for a reason and that just wasn't the house intended for us.
; Now look .. we found something even better in a place that has amazing schools for our
· kids. In my opinion, we have been very corporative. (Again... maybe t•m wrong?) We
· might have a lot of questions but this is our first home. I would like to think thafs normal.
· And we feel as though our questions should always be addressed. Regardless of whether
. or not you think irs relevant or silly or unimportant. Not doing so is just bad business. We
' are clients and have felt flat out ignored on more than one occasion. There have been
· numerous times I have called, emailed sent text messages and have gotten zero
: response. One example, I responded to Katherine's email yesterday morning and have
' still yet to get a reply. Katherine has been very sweet and helpful anytime we have .
; communicated and I honestly think she is genuinely a really sweet person. That has never ;
been an issue. The issue is us being not getting responses. I have asked Tonya why we
: don't get a response and all she has ever said is I don't know ... let me call. Nothing
~ negative has ever been said. I have even tried calling and got voicemail only to get a text
: message that says I will call you right back ... but never get a call back. It feels impossible
: to get a hold of anyone. I understand that you guys are busy but we are still clients and
· shouldn't be ignored. There should always be a response even if the answer is... "l don't
i know right now but I will find out and get back to you.., I know everyone is completely
; frustrated with everything ... But I promise... my family is at the top of that frustration ladder.
. Can we all please just regroup, take a few deep calming breaths and get this house
c10$ed asap? We need our lives back to normal and there is nothing normal about Jiving in .
a 2 bedroom with 3 adults, 7 kids and having to spend close to 5 hrs a day transporting '
children to and from school while trying to work. lf you need us to do anything that can
help speed up the process please let us know. Thank you for your time and attention.
-llli!E!!X~H!!IB!I!!!IT~~
Tiffany
469-685-7656
I ~
, On Wednesday, September 3, 2014 3:15AM, Josh Campbell wrote:
Tonya. I can't begin to express how disappointed I am with your email, but as I told you
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APPENDIX 23A
Tanya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/11/2016
Page 23
1 retreat?
2 A. It was a manager retreat with Affiliated.
3 Q. Who paid for it?
4 A. I'm not sure who paid for it.
5 Q. Did you?
6 A. I did not pay for it.
7 Q. Okay. Where did y'all go?
8 A. San Antonio.
9 Q. So you made the post -- well, approximately how
10 long after the retreat if you recall did you -- were you
11 terminated by Affiliated? Would it have been shortly
12 thereafter or six months later?
13 A. June.
14 Q. Around June?
15 A. Around June sounds correct.
16 Q. Now, when you first came on board with
17 ~ffiliated, what was your position?
18 A. Branch manager.
19 Q. Branch manager. And as branch manager, what
20 did you do?
21 A. Do you want full --
22 Q. Let me ask you maybe an easier question because
23 I see you're like I did everything. What were your
24 general job duties and responsibilities?
25 A. I originated loans. I built a team. I made
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
Tonya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/11/2016
Page 24
1 sure that we were in compliance.
2 Q. With what?
3 A. With the proper procedures. It was my
4 responsibility to train and educate, hire a crew. I did
5 payroll. I did the TP. I met with clients. I did
6 rtark.eting. I fixed problems. I created a culture. Let
7 rte clarify that, I created a good culture. I made phone
8 calls. I responded to clients. I took. applications. I
9 assessed credit reports. I determined whether or not
10 people were ready to fully apply for a loan, and if they
11 did, then I would hand that off to one of our team
12 ~embers. They all had specific roles as well. I
13 dissolved or solved -- you know, dissolved conflict. I
14 taught classes. I worked late. That was very common.
15 Q. How late?
16 A. I slept at the office a lot.
17 Q. It sounds like you and me might be alike in
18 some ways.
19 A. I do what needs to be done in order to help our
20 clients.
21 Q. And that would include long hours, whatever i t
22 took?
23 A. Whatever i t took.
24 Q. When you stayed at the office overnight, were
25 you working?
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
Tonya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/11/2016
Page 25
1 A. That was just one time.
2 Q. Okay. Did you frequently work late?
3 A. Yes, frequently worked late.
4 Q. Sometimes after midnight?
5 A. Yeah.
6 Q. Was that a yes?
7 A. That's a yes.
8 Q. That's an emphatic yes?
9 A. That is an emphatic yes, yes.
10 Q. So working after midnight was not unusual
11 because you were
12 A. Because all of the things that I mentioned
13 before I would deal with during the day and get pulled
14 into a bunch of different directions. So therefore, I
15 still had to do my part, too.
16 Q. And you're preaching to the choir on that one
17 as a small businessman myself. So that would often take
18 you into 1 o'clock, 2 o'clock, 3 o'clock, 4 o'clock in
19 the morning?
20 A. Yeah, you can lose track of time.
21 Q. That's a yes?
22 MR. HANSEN: Objection; form.
23 THE WITNESS: I wasn't sure that
24 Q. (BY MR. BERENT) You said yeah. I was just
25 for the record, was your answer a yes?
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
Tanya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/11/2016
Page 26
1 A. Can you rephrase the question then?
2 Q. Yes, of course. I frequently have -- like,
3 today, I'm taking depositions today, and I have a ton of
4 other job duties and responsibilities, including doing
5 things like payroll, administrative stuff, paying bills,
6 pnd that's going to take me into the wee hours of the
7 morning today. And you're explaining that that's
8 something you would typically do.
9 A. That is yes.
10 MR. TURZINSKI: Objection; form.
11 Q. (BY MR. BERENT) Okay. And that could
12 sometimes take you until 1 o'clock, 2 o'clock, 3 o'clock
13 in the morning?
14 A. Yes.
15 Q. Okay. And when you were hired, were you given
16 a laptop or anything by Affiliated Bank?
17 A. Yes.
18 Q. And did you do your work on a laptop that was
19 given to you by Affiliated Bank?
20 A. Yes.
21 Q. Were you able to work from home when you worked
22 with Affiliated Bank?
23 A. If need be, yes.
24 Q. And if you were working super late, did you
25 often do some of that work from home?
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
Tonya Parks et al v. Allifiated Bank et al
DEPOSITION OF:Joshua Campbell 3/11/2016
Page 27
1 A. No.
2 Q. You would stay at the office?
3 A. I would often stay at the office until we moved
4 closer to the office. Once we were closer to the
5 office, then I would maybe take some of those extra
6 chores home.
7 Q. Fair enough. And approximately when did you
8 move closer to the office -- or, you know what, strike
9 that. Let me ask a better question.
10 In September of 2014J were you living
11 closer to the office?
12 A. Yes.
13 Q. And for approximately how long had you been
14 living closer to the office?
15 A. Approximately six months.
16 Q. Prior to September of 2014?
17 A. Yes.
18 Q. Okay. And what was the address where you
19 lived?
20 A. I don't recall the temporary apartment address,
21 but our other address is 744 Sparrow Lane, Coppell,
22 Texas.
23 Q. 7 --
24 A. 75019.
25 Q. And when you said you were living closer to the
U.S. LEGAL SUPPORT - DALLAS, TEXAS
214-741-6001
APPENDIX 23B
FILE I
4/21/2016 5:10:30 p~
JOHN F. WARREI
COUNTY CLERI
DALLAS COUNT
!'JI
""'.· CAUSE NO. CC-15-04540-C
TONY A PARKS and PARKS REALTY § IN THE COUNTY COURT
FIRM, LLC §
§
v. § AT LAW N0.3
§
JOSHUA CAMPBELL, ET. AL. § DALLASCOUNTY,TEXAS
PLAINTIFFS' MOTION FOR NEW TRIAL AND ALTERNATIVE
MOTION TO VACATE, MODIFY, CORRECT OR REFORM JUDGMENT
Plaintiffs Tanya Parks and Parks Realty Firm, LLC ("Plaintiffs") file this Motion for New
Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment (collectively the
"Motion" except where otherwise indicated) and would respectfully show the Court as follows:
I. The Judgment
The Judgment in issue is the "Order on Defendant Joshua Campbell's Motion to Dismiss"
that was signed by the Honorable Sally Montgomery on March 24, 2016, attached hereto as Exhibit
A-1 (the "Judgment"). Because this Motion is filed within thirty days of the Judgment, it is timely
filed.
II. Motion for New Trial Should be Granted
Plaintiffs' Motion for New Trial is filed in accordance with Rule 329b ofthe Texas Rules
of Civil Procedure. The following are the bases upon which Plaintiffs rely in support of their
Motion for New Trial:
A. Plaintiffs presented clear and specific evidence supporting a prima facie case
respecting all elements of their causes of action against Joshua Campbell
Defendant Joshua Campbell ("Defendant") filed a Motion to Dismiss pursuant to the Texas
Citizens Participation Act, found in Chapter 27 of the TEXAS CIVIL PRACTICE & REMEDIES CODE.
See TEX. CIV. PRAC. & REM. CODE §27.001, et seq. (the "TCPA" and the "Statute").
i) Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment IJPage
To defeat a Motion to Dismiss brought under the Statute, a non-movant must come forward
with "dear and specific" evidence to establish a prima facie case supporting the elements of their
causes of action. Plaintiffs respectfully submit that Defendant's Motion to Dismiss was
improperly granted because Plaintiffs met their statutory burden of proof.
1. Legal Standard
A Motion to Dismiss brought under the Statute requires "clear and specific" evidence. The
words "clear and specific" are not defined in the Statute. The case most on point and which
provides the greatest guidance on this issue is In re Steven Lipsky, a relatively recent Texas
Supreme Court decision. In Re: Steven Lipsky, No. 13-0928, Texas Sup.; 2015 Tex. LEXIS
350)("Lipsky").
In Lipsky, the parties disagreed about the type of evidence that could be considered under
the "clear and specific evidence" standard set forth in the TCPA. The movant argued that the
() "clear and specific evidence" language "elevates the evidentiary standard," requiring a party to
produce irrefutable direct evidence as to each element of its claim. The non-movant contended that
"circumstantial evidence and rational inferences" may be considered by the court in determining
whether "clear and specific evidence exists" and that the "TCPA's prima-facie-case requirement
does not impose a higher or unique evidentiary standard."
In short, the Texas Supreme Court held that:
(a) The TCPA does not impose an elevated evidentiary standard;
(b) Circumstantial evidence and inferences may be used by a trial court to determine
whether a non-movant has satisfied its burden; and
(c) The TCPA does not impose a higher burden ofproofthan that required ofthe plaintiff
at trial.
i) Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 21Page
In so holding, the Lipsky Court reasoned as follows:
• Some courts, focusing on the requirement of"clear and specific evidence," have interpreted
the Statute to require a heightened evidentiary standard, unaided by inferences.
• Other courts, focusing on the prima-facie-case language, have concluded that the Statute
permits the court to draw rational inferences from circumstantial evidence when
determining whether the plaintiff has met its threshold factual burden.
• The Statute does not define "clear and specific evidence"
• "Clear and specific evidence" is not a recognized evidentiary standard. Although it sounds
similar to "clear and convincing evidence," the phrases are not legally synonymous.
• The common law has developed several distinct evidentiary standards, but none of these
standards categorically rejects the use of circumstantial evidence.
• All evidentiary standards, including clear and convincing evidence, recognize the
relevance of circumstantial evidence.
• Circumstantial evidence can, of course, be vague, indefinite, or inconclusive, but it is not
so by definition. Rather, it is simply indirect evidence that creates an inference to establish
a central fact.
• Circumstantial evidence may be used to prove one's case-in-chief or to defeat a motion for
directed verdict, and so it would be odd to deny its use here to defeat a preliminary motion
to dismiss under the TCPA.
• That the Statute (TCPA) should create a greater obstacle for the plaintiff to get into the
courthouse than to win its case seems nonsensical. See Carreras v. Marroquin, 339 S.W.3d
68, 73 (Tex. 20 11) (noting that we "interpret statutes to avoid an absurd result").
• The Statute, however, requires not only "clear and specific evidence" but also a "prima
facie case." In contrast to "clear and specific evidence," a "prima facie case" has a
traditional legal meaning. It refers to ... the "minimum quantum of evidence necessary to
support a rational inference that the allegation of fact is true" (citations omitted).
• The TCPA's direction that a claim should not be dismissed "if the party bringing the legal
action establishes by clear and specific evidence a prima facie case for each essential
element of the claim in question" thus describes the clarity and detail required to avoid
dismissal. TEX. CIV. PRAC. & REM. CODE§ 27.005(c) (emphasis added).
• In a defamation case that implicates the TCPA, pleadings and evidence that establishes the
facts of when, where, and what was said, the defamatory nature ofthe statements, and how
they damaged the plaintiff should be sufficient to resist a TCPA motion to dismiss.
• Though the TCPA initially demands more information about the underlying claim, the
Statute does not impose an elevated evidentiary standard or reject circumstantial evidence.
Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 3IPage
• In short, the TCPA does not impose a higher burden of proof than that required of the
plaintiff at trial. "We accordingly disapprove those cases that interpret the TCPA to require
direct evidence of each essential element of the underlying claim to avoid dismissal."
2. Evidence: Both Direct and Circumstantial
In support of their contention that they met their burden of proof, necessitating that the
Motion to Dismiss be denied, Plaintiffs rely on, direct to the Court to, and incorporate herein by
reference, all pleadings, Affidavits and evidence on file with the Court. Specifically, and without
limitation, Plaintiffs rely upon their most recently filed Petition in this case, as well as the following
evidence attached to their Response to the Defendant's Motion to Dismiss:
• Affidavit ofTonya Parks with exhibits;
• Affidavit ofTiffany Martin with exhibits;
• Affidavit of Chris Ovalles;
• Affidavit of Jennie Ross;
• Deposition of Katherine Campbell;
• Pertinent excerpts from the Deposition of Joshua Campbell with pertinent
exhibits; and
• Affidavit of Jason M. Berent with its attachment.
Plaintiffs also rely upon Plaintiffs' separately filed instrument identifying the Key
Components of Defendant Joshua Campbell's Deposition Testimony, as well as the Affidavits of
Joshua and Katherine Campbell that were attached to Defendant's Motion to Dismiss. Plaintiffs
also ask the Court to take judicial notice of its entire file, including the transcript of the hearings
conducted on Defendant's Motion to Dismiss, all of which is incorporated herein by reference.
The evidence presented to the Court provided both direct and circumstantial evidence from
which inferences could be drawn that satisfied Plaintiffs' burden of proof. The Statute does not
·") Motion for New Trial and Alternative Motion to Vacate, ModifY, Correct or R~form Judgment 4!Page
impose a heightened evidentiary standard and/or a higher burden of proof than that which is
required of a plaintiff at trial.
It is undisputed that Defendant Joshua Campbell made the Defamatory Internet Post on the
Rip Off Report website. It is undisputed that he made the post as a "Concerned buyer," which he
is not. It is undisputed that, because he was falsely posing as a "Concerned buyer," none of the
facts he stated in the Defamatory Internet Post could be true. Moreover, even ifMr. Campbell was
a "buyer" in this transaction - which he was not -the factual allegations are nevertheless untrue
and are defamatory per se. This is borne out in (among other places) the Affidavit ofTonya Parks,
who recites the actual facts of the transaction and the conduct of Joshua Campbell. This Affidavit,
as well as Plaintiffs' live pleading, at the very least create an inference and circumstantial proof of
"clear and specific evidence" supporting Plaintiffs' claims.
Additional supporting evidence is found in the Affidavits of the prospective buyers,
(I Christopher Ovalles and Tiffany Martin. These Affidavits reflect that Joshua Campbell made
errors respecting the handling of the loan process and made misrepresentations regarding same.
This was particularly noted by the Court during the May 22, 2016 hearing (on pages 47and 48 of
the transcript). The Court stated that Tiffany Martin's testimony reflected that the Campbells
"basically said she was pre-approved for a loan. And when it came about, they couldn't do that.
They were not pre-approved. They all of a sudden needed more cash reserves and everything else.
And it wasn't because his credit was downgraded. It dealt with deposit money and everything else.
So it sounds like maybe the Campbells were saying they were preapproved and [Plaintiffs' clients-
the prospective buyers] weren't really [preapproved] for a home ... Now if that's the case, then the
Campbells set in motion this whole problem with Mrs. Parks."
Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment SIP age
~
'J As evidenced in the Key Components of Joshua Campbell's Deposition Testimony, on file
with the Court, as well as in the deposition itself, also on file, Joshua Campbell conceded that
multiple components of his Affidavit (attached to his Motion to Dismiss) were inaccurate and/or
beyond the scope of his knowledge. This is in addition to the fact he is a twice convicted felon
who could not state in the preamble to his Affidavit that he "has never been convicted of a felony."
In his deposition, Joshua Campbell actually testified under oath that "it is okay to lie." In
addition to being caught in lie after lie throughout his Affidavit, Joshua Campbell testified that
part of his personal ethics and morals is that lying is acceptable. This provides additional evidence
that the statements in the Defamatory Internet Post were malicious lies aimed to damage the
Plaintiffs.
Issues of proximate cause and damages do not appear to have been of concern in relation
to the Court's determination of the Motion to Dismiss. The Court focused its inquiry on the nature
of the statements in the Defamatory Internet Post- primarily as to whether they were statements
of fact or opinion, and whether the statements were protected free speech. That said, issues of
proximate cause and damages are well established in the Affidavit of Tanya Parks. Issues of
damages are similarly well established in the Affidavit ofTonya Parks and the Affidavit of Jennie
Ross. Plaintiffs met, and exceeded, their burden of proof respecting the elements of proximate
cause and damages as to all oftheir causes of action.
Because the direct and circumstantial evidence from which the Court may draw inferences
supports the conclusion that Plaintiffs met their burden establishing a prima facie case by clear and
specific evidence: (I) the Judgment should be set aside, rescinded, voided and/or otherwise
vacated; (2) this Motion for New Trial should be granted; and (3) Plaintiffs should be given a new
trial and all other relief to which they may be entitled.
.
). Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 61Page
B. Affiliated Bank should not have been dismissed
The Judgment dismisses Affiliated Bank from the case. Plaintiffs respectfully submit that
this dismissal was in error and that Plaintiffs are entitled to a new trial, at the very least, as to
Affiliated Bank.
It is notable that Affiliated Bank did not have any motion pending, dispositive or otherwise,
at the time the Judgment was signed. Counsel for Affiliated Bank simply stood up during the
middle of the hearing on Defendant Campbell's Motion to Dismiss and suggested that any ruling
on the Motion to Dismiss as to Defendant Campbell, should essentially "flow through" and inure
to the Bank's benefit. Affiliated Bank provided no legal authority for this proposition. There was
no motion on file by the Bank, no notice of any hearing and objection was made by Plaintiffs'
counsel to the entire issue (Page 85 of the hearing transcript).
Plaintiffs alleged separate causes of action against Affiliated Bank, including negligent
(~ hiring, training and supervision. On pages 85-86 of the hearing transcript, the Court noted that
"summary judgment would be granted in two seconds" as to issues of the Bank's alleged
negligence. The Court is correct that the issues respecting the Bank are properly addressed by
summary judgment. Such a motion may very well be granted, but Affiliated Bank was not entitled
to dismissal based on the Court's disposition of a totally different motion filed by a totally different
party (i.e., Defendant Campbell's Motion to Dismiss).
Plaintiffs respectfully request that, at the very least: (l) the Judgment should be set aside,
rescinded, voided and/or otherwise vacated with respect to Affiliated Bank; (2) that this Motion
for New Trial should be granted at least as to Affiliated Bank; and (3) Plaintiffs should be given a
new trial and all other relief to which they may be entitled with respect to Affiliated Bank.
') Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 71Page
!~ C. Attorneys' fees should not have been awarded
The Judgment awards both the Campbells and Affiliated Bank attorneys' fees that are
imposed against the Plaintiffs. Attorneys' fees were not properly proven up. On page 84 of the
hearing transcript, counsel for Affiliated Bank raised the issue of attorneys' fees. The Court asked,
on the same page, "What does the bank think their fee is going to be?" Counsel for Affiliated
Bank then provided an "estimate" of its fees. Also on page 84, counsel for the Campbells stated
the Campbells' fees were "somewhere in the neighborhood of about 60 to $65,000."
Neither lawyer was sworn in, neither lawyer took the witness stand, neither lawyer laid a
proper foundation by elucidating the factors upon which they would be qualified to render an
opinion regarding reasonable and necessary attorneys' fees, neither lawyer presented any invoice
or fee statement, and (among other things) neither lawyer identified the types of services rendered,
the amount of time spent on various tasks and/or any of the other usual and customary facts that
() are provided when attorneys' fees are proven up.
On page 87 of the hearing transcript, Plaintiffs' counsel contended that the fees sought by
Defendants were "outrageous." The Court responded "Well, we're not doing that hearing today.
I would have to hear where they came up with their hours and what their rate was, even though I
have some clue to the rate. So that's simply what they're saying they're going to be asking for,
and it never hurts to know what someone's going to be asking for ... Then you'll know what they're
going to be asking for. Doesn't mean that they've proved it up."
No hearing on attorneys' fees ever occurred. Plaintiffs had no opportunity to cross-
examine the sponsoring witnesses respecting the issue of fees claimed. On March 24, 2016, the
day the Judgment was signed, two Affidavits were filed in an effot1 to prove up attorneys' fees.
Christopher Hansen, counsel for the Campbell Defendants, filed an Affidavit respecting attorneys'
:) Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 81Page
fees on March 24, 2016 at 11:42 am. John Browning, counsel for Affiliated Bank, filed a
substantively similar Affidavit on the same day, March 24, 2016, at 4:55 pm. It is uncertain at
what time of the day the Judgment was signed, but it is plain that no hearing occurred on the issue
of attorneys' fees and Plaintiffs were deprived of the opportunity to even provide a controverting
Affidavit. A controverting Affidavit is attached to this Motion and incorporated herein.
Plaintiffs respectfully request that, at the very least: (I) the Judgment should be set aside,
rescinded, voided and/or otherwise vacated with respect to all attorneys' fees awarded to the
Defendants; (2) that this Motion for New Trial should be granted at least with regard to the issue
of attorneys' fees; and (3) Plaintiffs should be given a new trial and all other reliefto which they
may be entitled with respect to the issue of attorneys' fees.
III. Alternative Motion to Vacate, Modify, Correct or Reform Judgment Should Be
Granted
() Plaintiffs' Alternative Motion to Vacate, Modify, Correct or Reform Judgment is filed in
accordance with Rule 329b of the Texas Rules of Civil Procedure. It is filed within thirty days of
the Court's Judgment and is therefore timely filed. The following are the bases upon which
Plaintiffs rely in support of their Alternative Motion to Vacate, Modify, Correct or Reform
Judgment:
A. Affiliated Bank should not have been dismissed
The Judgment dismisses Affiliated Bank from the case. Plaintiffs respectfully submit that
this dismissal was in error and that Plaintiffs are entitled to a new trial, at the very least, as to
Affiliated Bank.
It is notable that Affiliated Bank did not have any motion pending, dispositive or otherwise,
at the time the Judgment was signed. Counsel for Affiliated Bank simply stood up during the
middle of the hearing on Defendant Campbell's Motion to Dismiss and suggested that any ruling
.. -
Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 9IPage
on the Motion to Dismiss as to Defendant Campbell, should essentially "flow through" and inure
to the Bank's benefit. Affiliated Bank provided no legal authority for this proposition. There was
no motion on file by the Bank, no notice of any hearing and objection was made by Plaintiffs'
counsel to the entire issue (Page 85 of the hearing transcript).
Plaintiffs alleged separate causes of action against Affiliated Bank, including negligent
hiring, training and supervision. On pages 85-86 of the hearing transcript, the Court noted that
"summary judgment would be granted in two seconds" as to issues of the Bank's alleged
negligence. The Court is correct that the issues respecting the Bank are properly addressed by
summary judgment. Such a motion may very well be granted, but Affiliated Bank was not entitled
to dismissal based on the Court's disposition of a totally different motion filed by a totally different
party (i.e., Defendant Campbell's Motion to Dismiss).
Plaintiffs respectfully request that the Judgment should be vacated, modified, corrected
and/or reformed: (l) to rescind the dismissal of Affiliated Bank from this case; (2) to reinstate
Affiliated Bank as a party to this case; (3) to rescind the award of attorneys' fees to Affiliated Bank
(and its affiliates); and (4) Plaintiffs should be awarded all other relief to which they may be
entitled with respect to this issue.
B. Attorneys' fees should not have been awarded
The Judgment awards both the Campbells and Affiliated Bank attorneys' fees that are
imposed against the Plaintiffs. Attorneys' fees were not properly proven up. On page 84 of the
hearing transcript, counsel for Affiliated Bank raised the issue of attorneys' fees. The Court asked,
on the same page, "What does the bank think their fee is going to be?" Counsel for Affiliated
Bank then provided an "estimate" of its fees. Also on page 84, counsel for the Campbells stated
the Campbells' fees were "somewhere in the neighborhood of about 60 to $65,000."
\)-t
'-
. ·~.
Motion for New Trial and Alternative Motion to Vacate, ModifY, Correct or Reform Judgment IOIPage
Neither lawyer was sworn in, neither lawyer took the witness stand, neither lawyer laid a
proper foundation by elucidating the factors upon which they would be qualified to render an
opinion regarding reasonable and necessary attorneys' fees, neither lawyer presented any invoice
or fee statement, and (among other things) neither lawyer identified the types of services rendered,
the amount of time spent on various tasks and/or any of the other usual and customary facts that
are provided when attorneys' fees are proven up.
On page 87 of the hearing transcript, Plaintiffs' counsel contended that the fees sought by
Defendants were "outrageous." The Court responded "Well, we're not doing that hearing today.
I would have to hear where they came up with their hours and what their rate was, even though I
have some clue to the rate. So that's simply what they're saying they're going to be asking for,
and it never hurts to know what someone's going to be asking for ... Then you'll know what they're
going to be asking for. Doesn't mean that they've proved it up."
No hearing on attorneys' fees ever occurred. Plaintiffs had no opportunity to cross-
examine the sponsoring witnesses respecting the issue of fees claimed. On March 24, 2016, the
day the Judgment was signed, two Affidavits were filed in an effort to prove up attorneys' fees.
Christopher Hansen, counsel for the Campbell Defendants, filed an Affidavit respecting attorneys'
fees on March 24, 2016 at 11 :42 am. John Browning, counsel for Affiliated Bank, filed a
substantively similar Affidavit on the same day, March 24, 2016, at 4:55 pm. It is uncertain at
what time of the day the Judgment was signed, but it is plain that no hearing occurred on the issue
of attorneys' fees and Plaintiffs were deprived of the opportunity to even provide a controverting
Affidavit. A controverting Affidavit is attached to this Motion and incorporated herein.
Plaintiffs respectfully request that the Judgment should be vacated, modified, corrected
and/or reformed: (1) to rescind all attorneys' fees awarded to Affiliated Bank (and its affiliates);
!).··,
·. ·.. ' Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment lljPage
••
i"'·· (2) to rescind all attorneys' fees awarded to the Campbell Defendants; and (3) Plaintiffs should be
awarded all other reliefto which they may be entitled with respect to this issue.
C. Attorneys' fees and costs should be awarded to Plaintiffs for that which was
expended to identify the person who made the Defamatory Internet Post after
Defendant Joshua Campbell dishonestly denied that he was the culprit
During the course of the hearing on the Motion to Dismiss, the Court noted a desire to learn
more about the costs and attorneys' fees Plaintiffs incurred in connection with having to track
down the person who made the Defamatory Internet Posting on the Rip Off Report.
Because Defendant Josh Campbell lied to Mrs. Parks and claimed he did not make the post
when initially confronted, Plaintiffs had to file a "John Doe" lawsuit, similar to a Rule 202
proceeding, to obtain the IP address of the person who made the post. The case was filed in the
2191h District Court of Collin County. Plaintiffs hired attorney Chase Garrett to handle that matter
and paid over $10,000 in costs and fees. Ex. A-2.
The "John Doe" lawsuit resulted in identifying an IP address that linked the posting as
having originated from a computer at the home of Joshua and Katherine Campbell. The Court
expressed its disgust over Defendant Joshua Campbell lying about having made the post on pages
77, 81 and 82 of the hearing transcript:
Page 77:
THE COURT: "I do not like it when someone will not admit they did something. I did not
like the fact that Mr. Campbell did not say he did this and lied to the bank.
Pages 81-82:
THE COURT: I'm going to tell y'all this. We haven't addressed this, but we're going to
talk about the fact she had to do that [file the "John Doe" lawsuit] to find out who it is that
did that [made the Rip Off Report post] because nobody should be so cowardly they can't
admit what they've done .. . So we'll talk about that. That's going to be discussed. And it's
going to be- who was the attorney on that? ... Well, he's got expenses, and he's got to bill.
I would be curious to know what they [attorneys' fees and expenses] are."
Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 121 Page
Unfortunately, no discussion was had and the issue ofthe attorneys' fees Plaintiffs incurred
in connection with having to file the "John Doe" lawsuit was not considered.
Plaintiffs respectfully request that the Judgment should be vacated, modified, corrected
and/or reformed to award Plaintiffs their reasonable and necessary costs and attorneys' fees
incurred in connection with having to file the "John Doe" lawsuit in Collin County to pursue the
IP address from which the Defamatory Internet Post was made because the perpetrator, Joshua
Campbell, lied and said it was not him. Plaintiffs should be awarded all other relief to which they
may be entitled with respect to this issue.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Court grant Plaintiffs'
Motion for New Trial, either in whole or in part, and give Plaintiffs a New Trial in this case. In
the alternative, Plaintiffs pray that the Court grant their Alternative Motion to Vacate, Modify,
Correct or Reform Judgment, either in whole or in part, and vacate, modify, correct and/or reform
() the Judgment in the manner requested herein. Plaintiffs also request and pray for all other relief
to which they may be entitled, including costs and reasonable and necessary attorneys' fees.
Respectfully submitted,
JASON M. BERENT
Texas Bar No. 24027I43
BERENT LAW FIRM, PLLC
5600 Tennyson Parkway, Suite 310
Plano, Texas 75024
(214) 692-5800 (Phone)
(214) 692-5806 (Fax)
jberent@berentlawfirm.com
COUNSEL FOR PLAINTIFFS
~ ..) Motion for New Trial and Alternative Motion to Vacate, ModifY, Correct or Reform Judgment 13IPage
CERTIFICATE OF CONFERENCE
I certify that a conference was conducted with counsel for all parties regarding the merits
ofthis Motion. Counsel for all Defendants have advised that they oppose all ofthe relief sought in
this Motion. This Motion is therefore presented to the Court for consideration.
Jason M. Berent
CERTIFICATE OF SERVICE
I certify that on April 21, 2016, a true and correct copy of this instrument was served upon
counsel for all Defendants via electronic service in accordance with the Texas Rules of Civil
Procedure.
Jason M. Berent
) Motion for New Trial and Alternative Motion to Vacate, Modify, Correct or Reform Judgment 141Page
EXHIBIT "A"
AFFIDAVIT OF JASON M. BERENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, personally appeared Jason M. Berent, who, being
by me duly sworn, deposed as follows:
1. "My name is Jason M. Berent. I am over 21 years of age, of sound mind, have never been
convicted of a felony or other crime, and am fully competent and able to testify to all matters
attested to herein. I have personal knowledge of the facts stated herein and they are all true
and correct.
2. I am an attorney licensed to practice law in the State of Texas and have been duly licensed
since 2000. I am a graduate ofthe Georgetown University School of Foreign Service and
earned my law degree from the University of Texas.
3. I am the owner and managing member of the Berent Law Firm, PLLC (the "Firm"). The
Firm and I are lead counsel representing the Plaintiffs in this litigation. I have extensive
experience in civil litigation including matters of this type and I've practiced law in Dallas
County since obtaining my license in 2000.
4. As the lead counsel representing the Plaintiffs this matter, I am familiar with the number
of hours spent and the amount charge per hour by the Firm on this matter. I am familiar
with the nature of this case and what work has been performed. I am familiar with the
standards relating to what constitutes a reasonable and necessary fee as set forth in the
Texas Disciplinary Rules of Professional Conduct, as well as that which has been espoused
by the Texas Supreme Court. I am also familiar with fees charged in Dallas County, Texas
for legal services rendered in matters similar to those rendered in this cause. I am qualified
to give and have an opinion as to what a reasonable fee would be for this matter. The hourly
rate charged by the Firm for my professional legal services in this matter is $250 per hour.
This rate is very reasonable given my education, background, skill and experience, as well
as the caliber of attorneys representing the Defendants.
5. The Firm was retained in 2015 to review and analyze the underlying facts and to
subsequently file this lawsuit. The work on this case involved meeting with Mrs. Parks on
multiple occasions, preparing pleadings, preparing discovery, analyzing client documents,
analyzing documents produced by Defendants, communicating with opposing counsel,
communicating with Mrs. Parks on the telephone and in writing, preparing for and taking
depositions, speaking and meeting with witnesses, responding to Mr. Campbell's Motion
to Dismiss, coordinating the execution of Affidavits in support of the Response to the
_)
(-, Motion to Dismiss, preparing for and attending the hearing on the Motion to Dismiss, and
(without limitation) preparing the Motion to which this Affidavit is attached.
6. In performing this work, the attorneys' fees incurred by the Firm $30,562.50. This figure
includes amounts billed and paid, and amounts billed but not yet paid up to and through
the date of the hearing on the Motion to Dismiss. Fees have also been incurred relative to
matters subsequent to the signing of the Judgment, including the motion to which this
affidavit is attached, but have not yet been billed or paid.
7. Considering the amount in controversy, the nature of the suit, and the fees charged by other
attorneys in Dallas County for similar services, the time and labor required, the skill
required, the difficulty of the issues, the preclusion of other employment, the customary
fee charged in such a case, the time limits imposed by the clients, the complexity of the
issues, the experience, reputations and abilities of the attorneys, the nature and length of
the professional relationship with the clients, it is my opinion that the blank in fees incurred
and charged to date in this matter are very reasonable, and the services performed were
necessary.
8. I have reviewed the affidavit of Christopher P. Hansen that was filed at II :42 am March
24, 2016. In his affidavit, Mr. Hanson seeks to prove up the attorneys' fees relative to the
representation of Mr. and Mrs. Campbell. Mr. Hanson testifies that the Hermes Firm
generated $62,297.50 in attorneys' fees. Mr. Hansen and I are both billing at the same rate
in this case, $250 per hour.
(t 9. Mr. Hansen and I have fundamentally dealt with the same issues in this case, that being the
Motion to Dismiss. That said, the fees of the Hermes Firm are double those of the Berent
Law Firm, PLLC. It is my opinion that the fees sought by the Campbell Defendants, as set
forth in Mr. Hansen's Affidavit, are not reasonable nor necessary. It is my opinion that the
fees sought are in excess of what a reasonable and necessary fee would be for the services
rendered to date for the Campbells in a case of this nature. It is my opinion that the fees of
the Hermes Firm should be commensurate with the fees incurred by the Plaintiffs.
10. I have also reviewed the Affidavit of attorney John Browning, the attorney for the
Affiliated Bank Defendants (the "Bank"). Mr. Browning's Affidavit was filed on March,
24, 2016 at 4:55pm. In his Affidavit, Mr. Browning claims that the Bank's attorneys' fees
total $29,876.40. It is my opinion that the fees sought by the Bank are in excess of what is
reasonable and necessary given their role in the case from its inception to current. After
Defendant Joshua Campbell filed a Motion to Dismiss, the Bank had far fewer services to
render relative to the other parties in the case. It would certainly be reasonable and
necessary for the Bank's counsel to communicate with the client, to communicate with
other counsel in the case, to monitor pleadings filed by other parties, and to attend the two
depositions and hearing in this case. Given the foregoing, it is my opinion that a reasonable
and necessary fee for the services rendered by the Bank in this matter should not exceed
$10,000.
)
r'} 11. Attached to my Affidavit as Exhibit A-2 is a true and correct copy of the invoices for
professional legal services and expenses Plaintiffs received from the law firm Albin, Yates,
Balius & Roach (the "Roach Firm"). The total amount of costs and fees that were both
incurred and paid by Plaintiffs is $10,458.16.
12. Plaintiffs retained the Roach Firm to file a "John Doe" lawsuit on their behalfto determine
the computer from which the Rip Off Report post was made. Among other things, a
subpoena was issued to an out-of-state third-party to ascertain the IP address for the
computer in issue. The "John Doe," filed in the 2191h District Court of Collin County,
Texas, was successful in that the IP address received pursuant to the legal action traced to
the computer at the home of Joshua and Katherine Campbell.
13. Plaintiffs had to file the "John Doe" lawsuit because the Defendant Joshua Campbell lied
to Mrs. Parks when she confronted him about the post. He categorically denied making
the post. Plaintiffs would not have incurred the costs and fees with the Roach Firm if Joshua
Campbell had been honest and admitted his actions.
14. It is my professional opinion that costs and fees associated with the Roach Firm's
representation of the Plaintiffs for the services they rendered were both reasonable and
necessary in Collin County under the applicable standards promulgated by the Texas
Disciplinary Rules of Professional Conduct and the Texas Supreme Court.
15. The facts stated in the Motion to which this Affidavit is attached are true and correct and
(J within my personal knowledge."
UIDA MLAWTON
...., 10 • 12371111
Mr COMIIIIon E_.
Julll25, 2017
)
.,
~
CAUSE NO. CC~ 15~04540-C
TONY A PARKS and § IN THE COUNTY COURT
PARKS REALTY FIRM, LLC §
§
PlaintiffS, §
§
v. §
§ AT LAW N0.3
AFFILIATED BANK; §
AFFILIATED BANK FSB; §
AFFILIATED BANK FSB, INC. §
BANCAFFILIATED, INC.; §
JOSHUA CAMPBELL and §
KATHERINE CAMPBELL §
§
Defendants § DALLAS COUNTY, TEXAS
ORDER ON DEFENDANT JOSHUA CAMPBELL'S MOTION TO DISMISS
Came on to be heard Defendant Joshua Campbell's Motion to Dismiss Under the Texas
Citizens' Participation Act. After considering Defendant Joshua Campbell's Motion to Dismiss
this suit under the Citizens' Participation Act (the "Motion to Dismiss"), the response of Plaintiffs
Ton~arks and Parks Realty Firm, LLC ("Plaintiffs"), the pleadings, and the competent evidence
properly before the Court, the Court finds that Defendant's Motion to Dismiss has merit and should
in all things be GRANTED.
It is therefore ORDERED, AD.JUDGED, AND DECREED that:
I. all claims and causes of action against Defendant Joshua Campbell are dismissed
with prejudice to there-filing of the same;
2. all claims and causes of action against Defendant Affiliated Bank are dismissed
with prejudice to there-filing of the same;
CC -16-04640-C
) COOP
UIIOER - DISMISSAL. WIIH PREJUDICE
1041186
I!Ii II Ill
3. Defendant Joshua Campbell is awarded $62,297.50 from Plaintiffs Ton~arks and
Parks Realty Firm, LLC, jointly and severally, in court costs, reasonable attorney's fees, and other
expenses incurred in defending against the legal action as justice and equity require; and
3. Defendant Affiliated Bank is awarded $29,876.40 from Plaintiffs Tony~arks and
Parks Realty Firm, LLC, jointly and severally, in court costs, reasonable attorney's fees, and other
expenses incurred in defending against the legal action as justice and equity require.
The Court notes that Plaintiffs entered a non-suit of Defendant Katherine Campbell on and
effective Monday, March 21, 20 If, and that Plaintiffs entered a non-suit of Defendants Affiliated
Bank FSB, Affiliated Bank FSB, Inc., and Bancaffiliated Inc. before and effective before the
hearing on the Motion to Dismiss on March 22, 201& Accordingly, this Order disposes of claims
and causes of action and all parties before the Court and is final and appealable.
SIGNED ON THIS .J!i_ day of ?Jlttu(_ ,2016
APPENDIX 24
/ I
May IS. 2018
Open Records Division
Office llfthe Comptrolkrofthe Curn::ncy{OCC)
Headquarters
400 7th Street SW
Washington, DC 20219
In Rdcrcn~..: To: l'h..: Fr..:•.:dum of lntlmnati('ll Ad. 5l.S.C. 552
Subject vlattt.'r: R(,.·quc-,t tl.1r lnwstig.ation R..:l:ord.". Aniliated Bank. 2o26 \\. Plea ... :mt Ridge Rd.
Arlington. TX 76015-4526, no known Texas Taxpayer lD
Subject Jurisdiction: Suspicious Activity, Conspicuous Unlawful Business Practices. Corrupting the
Court fix the advantage of Affiliate Garry Graham to avoid the due process ofthe Court. Abuse ofthe
Te:>.a~ Ci•rlllllercial Ge!H:.·ral Liability cc,t ln-.urance Policy ··cJuty to defend .. crimini!lly orchestrated by
Chubb~ Insurance Cumpany Michael M<.ltwe, Atlllrneys Jeri} Alexander. John Bnnvning. Dallas Cvunty
Judge Sally Montgl)mery. Judge Ted 1\1. Akins, Justice Elizabeth Lang Miers, Justice Robert r-.1. Fillmore.
Civil Case No: Cotut of Appeals Fifth District ofTex:.~s at Dallas Case# 05- J 6-00784-CV Tonya Parks
and Parks Realty firm Appellant n Affiliated Bank Appellee. Appeal from Dallas Court of Law No.3
Dallas County, Texas Trail Court Cause No. CC-15-04540-C.
Bennie R. Gibc;()fl
7200 Old \till Run
Fort \Vorth. T\. 76133
Dear Custodian
rhis lctkr is a rcquc:;t for the foliO\\ ing fCC\Irds. under the 1..::-.:a-; Open R..:cords Ll\\ (I C:\~h (JOYernment
Code Chapter 552 Subchapter..\. General Provision Sec. 552 ..001 J.
Plea~c be <1\\are that the Open 1\ec()rds Lmv delines .. I"CCl'rd" to include inf()rmation that i-. maintain llll
paper as \\ell as ekctronically, such as data files and unprinted emails.
Please also be aware that the Open Reclwd La\v shall he construed in every instance v. ith presumption of
complck publk acccs~ general is contrary to public interest and only in C'\ccptional cases can ac~:es~ he
dt·nicd. lfyl'll den: rny reqU\..'Sl. thl· Ln\ require-.) nu tn d,, "''in \\Tit in~ and-,(;;!<:.' what p:~n ,d. the Lm Y''u
belit:\e ~·ntitks. :~'ll to d('ny lll} r~::que:-;t
Page 2). Request for criminal Investigations
The Open Records Law states that you may charge for ''the actual necessary and direct cost of locating
records, if this exceeds $50, and for photocopies. The Texas Department of Justice advises that copying
fees under the Open Records Law should be around 15 cents per page and that anything in excess of25
cents may be suspect.
The Texas Public Information Act require that you "promptly produce" the requested record unless;
within 10 days you have sought an Attorney General's opinion. Ifyou expect a significant delay in
responding to this request, please contact me in writing with information about when I might expect
copies or the ability to inspect the requested records.
1). Upon information and belief Affiliated Bank by and through Garry Graham and Grey McCarty
Facilitated one of the greatest fraud in the history ofthe Texas Legislature. The involvement included
Texas Grey Abbott and Rick Perry who also appointed Justice Elizabeth Lang Miers and Justice Robert
N. Fillmore. Also in reading the book The Texas Miracle by John Marshall but the icing on the cake to
the reason why the court would facilitate such a heinous act of conspiracy to keep Affiliated Bank Garry
Graham from being subjected to the procedures of the court.
2). Per affidavit of David Gregg Senior Vice President of Affiliated Bank being duly sworn and under
oath states that Affiliated Bank FSB a mutual Federal saving bank cease transacting business on May 25,
2001. Per Franchise Tax Account Status as of: 11114/2016 show Taxpayer ID Number 32044597618 have
not been set-up
3). Conversation with Mr. Hub Thompson Assistant Deputy Comptroller of the (OCC) Office of the
Comptroller of the Currency 9003 Airport Freeway Suite 275 North Richland Hills, TX 76180 have no
records of Affiliated Bank FSB nor do he have the time to furnish me with a Tax ID number for Affiliated
Bank or Mr. Hub Thompson is refusing to provide me with what I am requesting because of a conflict of
interest. My position Mr. Thompson is aiding and abetting the subject jurisdiction putting the public at
risk.
4). Bennie R. Gibson has visit Affiliated Bank on several occasions and found this bank without bank
customers and normal day by day customer activity. When questioned, very suspicious response by
employees. Per conversation with Mr. Hub Thompson he agreed on the suspicious.
5). Bennie R. Gibson opinion on the intentional acts perpetrated by the actors in this request. Their act is
very appalling and sloppy. The "conflict of interest" is very recognizable.
6) Per recorded conversation with Garry Graham. Mr. Graham states that Affiliated is not regulated by
occ.
Requested Records:
All investigation that transpired through the unlawful practices of Affiliated Bank Garry Graham through
the years 2001-2018.
lf you are not the records custodian for this information, please forward this request to the appropriate
person. Also, please let know ifl can clarify or refine this request.
Thank you for time and consideration.
Page 3). Request for Criminal Investigations
Sincerely
/l
/;:' /'J //
..< { __. !/
l_.ptv}V!A ;&~
~BENNIE R. GIBSON
7200 Old Mill Run
Fort Worth TX 76133
(817) 989-2006 office
(817) 688-0652 Cell
Page(3
cc:
affinitygibsongroupejustice.us
Lanier, Hightower, and Barclay